The judge described the decision to drive after four nights at the festival as “flawed” and one that led to “tragic consequences”.
Donaldson, now 20, was yesterday found guilty of careless driving causing death on New Year’s Day in 2024.
Donaldson denied she was fatigued and took the case to a judge-alone four-day trial last month.
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Judge John Bergseng delivered his decision to a packed Rotorua District Court gallery of friends and family.
Richards and Donaldson were 18 at the time.
The car they were in, with a third friend and front-seat passenger, moved out of its lane, struck a rock wall and flipped on State Highway 30, 20km northeast of Rotorua near Ruato Bay.
Richards died at the scene from her injuries.
Jade Richards, 18, died after the vehicle she was in rolled on SH30 on New Year’s Day. Photo / Supplied
The three teens were at the Rhythm and Vines festival from December 28 to January 1
They spent four nights sleeping in tents and left Gisborne about 10.30am on January 1 to return to Rotorua.
The friend drove from Gisborne to Ōpōtiki, where Donaldson took over the driving to Rotorua.
Evidence suggested Richards was only wearing her lap belt and not the shoulder strap.
Judge Bergseng’s judgment said Donaldson initially told police she was sunstruck and at the same time an oncoming vehicle frightened her.
She said that resulted in her swerving to the left before she felt the steering wheel yank to the left, before the car rolled.
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A crash data report retrieved from Donaldson’s vehicle recorded the five seconds before impact and showed Donaldson did not turn the steering wheel to remain in her lane or apply brakes.
The rock wall that Jasmine Donaldson crashed into causing the death of Jade Richards. Photo / Andrew Warner
She was travelling at 64km/h in the 60km/h speed limit area when she struck the rock wall.
Judge Bergseng’s judgment examined the hours of sleep the two drivers would have had.
For the last two nights, Donaldson was in bed for between nine and a half hours to 12 hours. On New Year’s Day, it was likely she was in bed sometime after 3.30am, Judge Bergseng found.
The three teenagers were together on New Year’s Eve and in the early hours of the morning, but became separated about 2am.
the friend returned to the campsite about 4.30am and found Richards already asleep. Donaldson stayed elsewhere, returning to the campsite by 8.30am.
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Judge Bergseng said Donaldson texted Richards just before 7am, before she said she went back to sleep briefly and then returned to her campsite by 8.30am to pack up.
They left by 9.30am but did not leave Gisborne until about 10.30am given traffic and the time it took to go through police checkpoints.
Judge Bergseng noted the time in bed was different from sleep, and there was no reliable evidence of actual sleep time.
He did not suggest Donaldson fell asleep at the wheel; rather, she failed to properly react to the sunstrike and the oncoming car.
He said they were indicators of being fatigued.
“A reasonable and prudent driver would have been cognisant of their level of tiredness and how that might impact their driving. It was something to be concerned about.”
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Judge Bergseng described the roads around Gisborne as some of New Zealand’s worst.
He said the friend drove on two and a half hours of sleep, and Donaldson drove knowing she was already tired.
“I make the observation that driving home to Rotorua on New Year’s Day, immediately after four nights at Rhythm and Vines, was a flawed decision … Sadly, this decision has had tragic consequences.”
He said authorities were already aware of the driving risks for younger drivers heading home from the music festival, given their roadside breath testing as festival-goers were leaving.
“However, there is no test that can be administered for tiredness. It is the individual driver’s responsibility to make this assessment.
“If they are feeling tired, they should heed the warning and stop and rest. I hope the festival organisers continue to give this message to drivers as they leave the festival.”
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Judge Bergseng remanded Donaldson at large to reappear for sentencing on November 20.
The charge carries a maximum penalty of three months in jail or a maximum fine of $4500
Donaldson’s lawyer, Tim Braithwaite, said his client would apply for a discharge without conviction.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.