While his lawyer pushed for a community detention sentence, Judge Tini Clark said the offending warranted something heftier.
‘I’m going to crash into that pole’
The court heard Goodwin and his victim met up at Rushton Park, Morrinsville, around 10pm on January 8 last year.
However, things soon got heated.
Carey Nicholas Goodwin was sentenced in the Hamilton District Court. Photo / Maryana Garcia
As the victim half sat on the passenger seat of his car with her door open, an agitated Goodwin got into the driver’s seat and suddenly drove off at speed.
The victim was taken by surprise and could only lift her legs as Goodwin reached across her and pulled her door shut.
She asked to get out, fearing for her safety, but he wouldn’t let her.
Instead, he sped down Rushton Rd, before turning on to Studholme St and then Coronation Rd.
While he slowed for a corner, the victim was contemplating jumping out of the car and opened the door.
But she was told if she didn’t shut it, he would crash the car and their daughter wouldn’t see either of them again.
He then aimed the vehicle at a street pole while travelling at high speed.
She closed the door and the car narrowly missed the pole.
The victim screamed at Goodwin to stop, and as he slowed for a pedestrian crossing, she attempted to get out but was grabbed by her shirt and hair and pulled down on to his lap.
He then put his forearm across her neck and looked into her eyes as he sped ahead.
“[The victim] was unable to breathe … she feared she would be killed,” the summary of facts stated.
“She grabbed at his eyes and his face.”
He then stopped the car. She jumped out, feeling sick and dazed, but was told to get back in.
She returned to the vehicle but threw out Goodwin’s hat so he would stop again.
When he did, he hit her on the side of the head and went to retrieve his hat.
She took the opportunity to flee but was chased, tackled and picked up by Goodwin and bundled into the backseat of the car.
She opened the door and, noticing members of the public, yelled for help.
Goodwin made more threats, but the nearby people came to her rescue and took her inside their house as Goodwin drove away.
‘Difficult life experiences’
Reading through the submissions from defence counsel, Kerry Hadaway, Judge Clark said she “did raise an eyebrow” about the 25% discount sought for Goodwin’s rehabilitation and addiction.
Hadaway pointed out the range was 5% to 30%.
“Intoxicating yourself and committing an offence is not a mitigating factor,” the judge said.
“There is some recognition for addiction, and I think that’s what we’re limited to here,” the judge said, while accepting Goodwin was making inroads with his rehab.
Hadaway said her client was exposed to drugs at a young age and drugs had impacted this offending.
“Mr Goodwin has had very difficult life experiences.”
Hadaway said he had “made such a significant effort in terms of rehabilitation and can be proud of doing that”.
‘No excuse for you now’
Judge Clark agreed to give Goodwin a 25% discount for his guilty pleas, along with credit for his time on electronically monitored bail.
But she disagreed that his rehab efforts were worth 25%.
“The most significant issue here is Mr Goodwin’s use of drugs,” the judge said.
“I hold a strong view that as someone goes through life, it’s for them to take responsibility for harmful behaviour, which may involve intoxicating themselves regularly.
“I do accept it can be a struggle if they are addicted, and I accept Mr Goodwin was addicted but that does not absolve him of his behaviour.”
She also said it wasn’t as simple as saying that he’d ended up in this situation because of his upbringing.
“There are other members of [his] family that have not ended up in the same situation.”
However, Judge Clark said the rehab work he’d done meant she wouldn’t send him to prison.
Instead, she sentenced him to seven and a half months of home detention and disqualified him from driving for six months.
“Mr Goodwin, carry on with the good work.
“There really is no excuse for you now.”
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.