Driver in second careless use case
The man who hit and killed a pedestrian in Thorndon last year had previously hit and injured a motorcyclist in central Wellington.
Phillip Bramley, a businessman who owns several Toy World stores in the Wellington region, was heading home from work when he hit and killed Rachael Mary Davin and injured Basil Keith Emms on August 31 last year. He pleaded guilty to careless use of a motor vehicle causing death and causing injury.
At the sentencing, Wellington District Court Judge Noel Sainsbury said he had looked at the previous sentencing notes from Bramley’s conviction in 2018 for careless use causing injury.
A motorcyclist was unable to avoid Bramley’s car when he suddenly pulled into a parking spot.
The judge said he could see the similarities in the cases. He said this time Bramley had taken a risk that should never have been taken.
He said Bramley had been heading home and was turning right into St Mary St. Part of the intersection was obscured by a bus at the bus stop. There was a car coming towards him, and he opted to turn quickly round the corner – where Davin and Emms were crossing the road. Sainsbury said the smallest inattention can have tragic consequences and Bramley should have waited. He ordered Bramley to do 250 hours community work, pay $15,000 to the family as an emotional harm repayment, and to do a defensive driving course. He disqualified him from driving for nine months.
The judge asked that consideration be given by Corrections for Bramley to do his community work to assist those with brain injuries or had a traumatic accident. Sainsbury said Bramley showed genuine remorse and has taken part in a restorative justice meeting with the family.