Cromwell man out of jail after ap­peal

Central Otago Mirror - - YOUR PAPER, YOUR PLACE - RHYS CHAM­BER­LAIN

A man jailed after his friend died when he fell from a quad bike has had his prison sen­tence quashed by the Court of Ap­peal.

Cody Ethan Mitchell, 23, was freed from the Otago Cor­rec­tions Fa­cil­ity on Thurs­day and will serve the re­main­ing four months of his sen­tence on home de­ten­tion.

He was serv­ing a 15-month prison sen­tence after his friend, An­drew Paul Grubb, 20, died as a re­sult of falling from a quad bike Mitchell was driv­ing.

Mitchell ad­mit­ted care­less driv­ing un­der the in­flu­ence of al­co­hol caus­ing death after the Septem­ber 11 in­ci­dent, in Cromwell.

The Court of Ap­peal hear­ing was held on May 31 and the de­ci­sion is­sued on Thurs­day.

It was the sec­ond ap­peal filed by Mitchell after an ap­peal to the High Court was de­nied in April.

Mitchell’s mother Linda Mitchell said the de­ci­sion was un­be­liev­able.

She had spo­ken to Cody by phone and said he was ‘‘emo­tion­ally drained’’ but would be ‘‘over the moon’’ to be out of prison. ‘‘He wasn’t en­joy­ing be­ing in there.’’

Cody Mitchell’s Auck­land­based lawyer Nick Chis­nall said it had been a ‘‘pretty dif­fi­cult road’’.

The Court of Ap­peal de­ci­sion says the fo­cus of the ap­peal was put on Mitchell be­ing given a jail sen­tence in­stead of home de­ten­tion.

JOHN BISSET/FAIR­FAX NZ

Ross Han­son, of Dunedin, was the win­ner of the prize for the most un­usual ve­hi­cle at the 37th an­nual Brass Mon­key Mo­tor­cy­cle Rally in Oture­hua at the week­end. His jet­ski bike was made from a 225cc Yamaha trike and an old jet­ski. It fea­tures a pre­tend jet en­gine made from a chim­ney flu, teapots, a Nitros bot­tle and flash­ing lights. The rally is hosted by the Otago Mo­tor­cy­cle Club in a pad­dock near the Id­aburn Dam, Cen­tral Otago.

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