The brothers, from Samoa, were in New Zealand on work visas to support family back home.
Ralph Smith during sentencing in the Nelson District Court. He was sentenced to five months’ community detention on a charge of drink driving causing injury, but the sentence will be cancelled on proof of his departure from New Zealand. Photo / Tracy Neal
Police said the pair had been at a family member’s party at Nelson’s Saxton Oval cricket venue on June 21.
Smith, 29, had downed seven or eight beers, was drunk, and knew he shouldn’t have been driving, but wanted to get home.
He was later found to be three and a half times over the legal limit after he crashed his Honda into a trailer full of firewood, which was parked on the side of Main Rd in Stoke.
His brother, a passenger in the car who had also been drinking wasn’t wearing a seatbelt. He was flown to Wellington Hospital with a range of critical injuries, including to his spine, for emergency treatment.
Smith was taken to Nelson Hospital with a minor knee injury.
‘Lucky to be alive’
His defence lawyer Ian Miller told the Nelson District Court during today’s sentencing that his brother had recovered well and was now back in Samoa, “lucky to be alive”.
He said it was a “somewhat unusual” situation in that during treatment for his injuries he was also treated for a pre-existing condition and had emerged “better off”.
“He recovered unusually well,” Miller said.
An analysis of a blood sample revealed Smith had been driving with 178mg of alcohol in his system per 100ml of blood.
The legal limit for a driver over 20 is 50mg.
Smith later told police he was drunk and knew he shouldn’t have been driving, but wanted to go home.
Miller said the offence, and ultimate outcome, was one which meant Smith, whose work visa was due to expire this month, was unlikely to ever be able to come back to New Zealand.
He was due to leave the country before Christmas.
The recommended discharge without conviction to allow Smith to return home immediately was not accepted by Judge Richard Russell, who said a “bracelet sentence” was appropriate.
It was also a mark of the court and public’s condemnation of people who drink and drive and have accidents.
“It was a very foolish decision to drink that much, get behind the wheel and then drive,” Judge Russell told Smith, who was supported in the dock by a translator.
Smith expressed remorse for what happened, including the impact on his brother and his family, including his wife and six children, and had sent more than $9000 back to Samoa to help them.
Judge Russell said the wider family had rallied and had remained supportive, but had also held Smith accountable.
In settling on a sentence of community detention, until such time as Smith had proof of his departure, Judge Russell said he did not think it wise to hold Smith in a country for any longer, when he could no longer earn an income to support family back home.
“There’s little to be gained by keeping you back in New Zealand serving a sentence where you cannot work or contribute.”
Smith was sentenced to five months’ community detention, with a midnight to 12 noon curfew. The sentence would be cancelled upon proof of departure, Judge Russell said.
Smith was also disqualified from driving for 12 months and ordered to pay $500 in emotional harm reparation to the owner of the trailer.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.