Driver jailed for year

Press, 1 December 1988, Page 18

Driver jailed for year

A year’s imprisonment was imposed in the District Court yesterday on a driver whose car struck and fatally injured a pedestrian at a city intersection late in the evening of July 16. In fixing the penalties against the defendant, Rodney Leslie Charles Smith, aged 22, Judge Kerr said he took into account factors including that the pedestrian ought not to have been where he was. However, the pedestrian ought to have been seen by Smith, who was driving while impaired by alcohol he had consumed. On a charge of driving when he had an excess ratio of alcohol in his blood (133 mgm per 100 ml) and causing the death of losefa Leleisiuao Feaveai. Smith was jailed for a year. He was given concurrent sentences of six months imprisonment on charges of failing to stop after an injury accident, failing to ascertain if injury had been caused, and failing to render assistance to an injured person. On all charges he was disqualified from driving for two years. The fatal accident occurred at the intersection of Hereford Street and Fitzgerald Avenue, in drizzly conditions, while Mr Feaveai was crossing the road on a pedestrian crossing against the “wait” signal. As a result of injuries, he died six weeks later. Smith had pleaded

guilty to the four charges earlier this month. Acting Senior Traffic Sergeant D. R. Parkes, for the Ministry of Transport, had said in the Ministry’s summary relating to the offences that as Smith approached Fitzgerald Avenue, along Hereford Street, the traffic lights were in his favour. Crossing the pedestrian crossing on the western side of the avenue, his car struck Mr Feaveai, crossing against the “wait” signal. The pedestrian was thrown on to the car shattering the windscreen. Smith continued driving, about 50km/h, throwing the pedestrian on to the roadway in the middle of the intersection. After the impact, Smith did not slow or stop, but continued east along Hereford Street. He continued and went to a house in Linwood Avenue, where he was subsequently interviewed. He admitted being the driver involved, and said he had consumed three jugs of beer. He was seen to be affected by alcohol. A blood analysis showed he had a ratio of 133mgm of alcohol, per 100 ml of blood. Mr Feaveai suffered severe lacerations to his legs, and severe internal and head injuries. He died from his injuries on August 29. Mr A. N. D. Garrett, for Smith, sought a sentence of periodic detention for the offences.

He said a mitigating factor was the pedestrian’s crossing against the lights. Although Smith had driven from the scene, he had travelled to his mother’s house a short distance away, in a state of shock, and had then reported the accident to authorities. Only a short time had elapsed from the time of the accident to his notifying it. Acting Senior Sergeant Parkes said the intersection was reasonably well lit, but visibility was affected to some extent on the night because of drizzle. The Judge said he had no alternative to imposing a prison sentence because of the alcohol Smith had consumed, contributing to an accident in which a pedestrian died. The pedestrian was there to be seen by Smith, even though he ought not to have been where he was when struck by Smith’s car.