Dunedin District Court
HE felt extremely sorry for the victim, Judge Kevin Phillips said, sentencing a woman whose driving resulted in a man’s right shoulder being dislocated and his motorcycle being written off.
‘‘You did not pay sufficient attention when making a turn. It was your duty to pay attention and see the way was clear before you turned,’’ the judge told Holly May Kirk (35), jobseeker beneficiary, of Dunedin.
Kirk was before the Dunedin District Court yesterday convicted of careless driving causing injury.
The police summary said Kirk was in traffic waiting to turn into Riselaw Rd from Corstorphine Rd, about 11.30am on December 3. She started turning but failed to see the victim coming in the opposite direction on his motorbike.
Only having time to brace himself for a collision, the victim hit the front left side of Kirk’s vehicle and was launched over the handlebars, landing on his back.
His right shoulder was dislocated as a result of the crash. He needed hospital treatment and had been advised he would need surgery.
Spoken to by police, Kirk said she did not see the bike coming.
Reparation, for damage to the victim’s bike and loss of wages due to injury, amounted to $11,281.
Counsel Jo Turner said Kirk was in a very tight financial situation. Reparation would take some time to pay off. She could afford only a small amount weekly. Kirk had been willing to attend restorative justice. But it did not take place.
Judge Phillips said the victim’s motorcycle was uninsured. Kirk was also uninsured and on a benefit. Overall, it was ‘‘just a disaster’’ for the victim. In reality, Kirk could not afford to pay $11,281 reparation.
The judge sentenced Kirk to 60 hours’ community work, disqualified her from driving for nine months and ordered she pay $2500 reparation — at $12 weekly by attachment order on her benefit.
Remitting her unpaid fines, the judge said the $10aweek she was paying off the fines could be used towards reparation
Other convictions
Peter Charles Smith (50), of Milton, assaulting a female, breaching a protection order (Smith and his partner had been drinking throughout the evening, argument developed, the defendant punched her in the left side of the face, victim suffered swelling to her eye and lip; defence counsel Nathan Laws said the efficacy of his client’s psychological medication had reduced in the weeks leading up to the incident, ‘‘he feels like he’s let himself down greatly’’, Mr Laws said. The court heard Smith had committed six previous offences against the same victim), February 28, 10 months’ prison.
Brian David Gaskin (22), of Lumsden, intimidation (Gaskin had moved from Invercargill to Dunedin to live with his cousin and her partner, at 10.30pm suddenly became angry and threw belongings around house, victims sought refuge at neighbouring property where they heard loud banging, defendant told police he got angry because he was bored; defence counsel Alex Bligh said he had some mental health issues and had been listening to loud music that night), April 4, deferred sentence six months.