Dunedin District Court

A HEADON collision between a Mini Cooper and a camper van brought the driver of the Mini before the Dunedin District Court convicted of careless driving causing injury.

It was careless use of a car at the higher end, Judge Michael Crosbie said.

Charlene Marie Day (44), of Milton, had pleaded guilty to the February 3 offence.

The fact summary said Day, the holder of a learner driver licence, was driving on the Milton highway about 10.30am. With her was her partner and overseer, a fullylicensed driver.

Day drifted across the centreline into the path of a camper van and the vehicles collided headon.

Day was on the incorrect side of the road for a significant time and made no attempt to take evasive action.

The female driver of the camper van braked heavily and moved to the left but was not able to avoid a collision.

The weather was good. The crash did not involve excessive speed, recklessness, alcohol or drugs.

The camper van driver sustained lower leg, chest and shoulder injuries when her vehicle flipped after impact.

Day sustained serious lifethreatening injuries. Her partner was also seriously injured.

The victim, in a victim impact statement read to the court, said she had lost her independence. She was still unable to walk without pain and had ongoing medical bills.

The emotional, psychological and physical effects of the accident had been significant, trau matic and longlasting, Judge Crosbie noted.

Counsel Jo Turner said neither Day nor her partner had any memory of the incident.

Judge Crosbie said it appeared the only inference was both Day and her partner had been asleep. While acknowledging Day received significant physical injuries, the judge said the probation report was negative and Day’s ‘‘very disappointing’’ attitude as set out in the report did her no credit.

‘‘You were completely on the wrong side of the road. You have to own that. It would have been really easy to do that at the probation interview,’’ he told her.

Day was sentenced to three months’ community detention (curfewed 6pm4am), 100 hours’ community work and disqualified from driving for 18 months. She is also to pay the victim $3000 emotional harm reparation and other reparation amounting to $4214.46.

Milford road crash

A singlevehicle crash on the Milford Sound Highway resulted in a court appearance for an Australian man whose wife sustained three broken ribs. Ross Leslie Cundy (58) pleaded guilty to careless driving causing injury.

Prosecutor Detective Hamish Barrons said Cundy was driving a Toyota rental vehicle near Knobs Flat, about 1.55pm last Thursday. The couple had spent the day at Milford Sound. His wife had fallen asleep.

Cundy suddenly veered across the centre line on to the opposite shoulder. The Toyota hit a large rock, the vehicle became airborne and rolled towards a tree.

After hitting the tree, the vehicle came to rest on its wheels.

Cundy and his wife were airlifted to hospital. His wife sustained three fractured ribs in the crash. Cundy had minor injuries.

In explanation he stated he couldn’t remember what happened. He thought he must have fallen asleep at the wheel.

He was convicted, fined $400, court costs $130, and disqualified from driving for six months.

Counsel Andy Belcher told Judge John Macdonald it was a case of falling asleep at the wheel. The defendant and his wife were here on holiday.

The incident caused them financial loss ‘‘and significant loss in terms of a chunk being taken out of their holiday’’.

They would be returning to Australia in about one week.

Other convictions

Paul Gerard Kirby (31), builder, of Dunedin, drinkdriving, careless driving (after argument with his partner, drove from the pub, drifted to the left of lane, hit unoccupied vehicle; defence counsel Marie TaylorCyphers said her client had shown he was ‘‘demonstrably remorseful’’ since the incident, immediately contacted victim, paid for a rental vehicle for them, liaised with insurance company, incurred nearly $6000 costs), 1117mcg, 11.30pm, August 18, Kenmure Rd, fined $500, court costs $130, six months’ supervision, 28 days’ disqualification followed by alcoholinterlock licence.

EllieBeth Patrice Shenton (19), of Dunedin, drinkdriving aged under 20, reading 80mg, Dunedin, September 9, fined $300, court costs $130, disqualified three months.

Caleb Edward Ross Stefani (18), factory worker, of Dunedin, two offences disqualified driving (Murray St, Mosgiel, about 2.30pm, September 27; Townleys Rd, about 6pm, September 28), 80 hours’ community work, no disqualification.

Parearau TeRau Aroha Apuwai (35), of Dunedin, assault using a crutch as a weapon, and intentionally damaging a cellphone (Apuwai and husband had recently separated; about 3.45am, August 6, husband began getting ready for work in Apuwai’s bedroom; argument over child care arrangements; Apuwai verbally abused husband, threw items across room; incident culminated in Apuwai picking up crutch she was using for a back injury and swinging it at husband about 12 times, connecting with his left shoulder and left forearm and his cell phone; husband sustained swelling and tenderness to forearm, lump on his forehead), overall sentence nine months’ intensive supervision, 200 hours’ community work. Judge noted Apuwai sentenced in July for assaulting the same person and had other past convictions for assault; Apuwai remorseful and receptive to receiving help.

Jack Dunstan Anderson (25), of Dunedin, assault using shoe as a weapon, and Crimes Act male assaults female offence (victim Anderson’s wife; argument at home; Anderson picked up three shoes, threw them at wife — two striking her in arm and upper body; wife continued to argue, Anderson grabbed her by throat with one hand and squeezed tightly about 510 seconds resulting in her being unable to breathe for short period), about 5pm, October 19, nine months’ supervision (special condition to undergo domestic violence programme). Counsel Steve Turner said Anderson a first offender.

Shannon Raymond Tippett (19), dairy farm worker, of Balclutha area, representative Crimes Act male assaults female charge (from events at Wharetoa address where Tippett and victim had been living for one month after moving from North Island for employment in farming industry), July 20/21, 12 months’ intensive supervision (with threemonthly judicial monitoring), $500 emotional harm reparation; breaching community work (in failing to report), Rotorua, July 25, sentence deferred six months. Judge Macdonald noted Tippett attended restorative justice and apologised to assault victim, she now back in North Island.

Joshua Knox (23), of Dunedin, disorderly behaviour (drove to father’s house, removed tyre iron from car and approached the address, father and associate came out of the house, argument moved from the property on to the street, Knox left, on arrest told police he wanted to speak to his father and had the weapon in case things escalated; court heard Knox’s father received deferred sentence), October 12, six months’ deferred sentence.