Dunedin District Court

BEFORE Community Magistrate Simon Heale in the Dunedin District Court yesterday were. —

A man asking to be discharged without conviction and not be given a driving disqualification was successful in both applications.

Taylor Murray Cowie (19), apprentice plumber, of Lawrence, had pleaded guilty to driving in a manner which was or might have been dangerous to the public or a person, in Lawrence on September 7.

The police summary said Cowie bought a 2001 Subaru Impreza from a Dunedin address on September 6.

The next day he drove to the Beaumont area to assist his brother, who had become stuck while 4x4 driving.

Cowie helped free him then drove back towards Lawrence on the Beaumont highway.

About 12.25pm, on a long straight before Big Hill, he decided to test how fast his newly bought car would go.

He accelerated hard until he was well over the 100kmh speed limit.

At the bottom of the hill, in the double passing lane area and while he was still accelerating, his vehicle started making a loud ticking noise. Then a large white cloud of smoke emerged from the rear.

It drew Cowie’s attention away from the road and he crossed into the outside lane.

He attempted to control the vehicle but could not.

The vehicle fishtailed up the roadway for about 260m before spinning across three lanes of roadway, crashing backwards into the right hand embankment, then spinning and coming to rest on the verge.

Cowie and his passenger (his partner) were able to climb out the driver’s side of the vehicle and await emergency services.

His vehicle was extensively damaged and written off.

He and his partner sustained minor injuries and bruising.

In explanation, he said it was a silly thing to do. He would learn from his mistake.

When he pleaded guilty in November, Cowie indicated he would be doing a defensive driving course.

Yesterday, his counsel, Deborah Henderson, said Cowie had completed the course. He had also made a donation which would enable two other people to attend the course. And he had done 20 hours’ voluntary work for emergency services.

The magistrate said he and police accepted Cowie was genuinely remorseful. Cowie entered an early guilty plea, had no previous convictions and had never had diversion.

And the writeoff of his vehicle had cost him $9000.

A driving disqualification would place Cowie’s job and apprenticeship at risk, he noted.

Police supported both the discharge and no disqualification — conditional on Cowie completing a defensive driving course, the magistrate said. Cowie had done so and would be discharged without conviction and not disqualified.

Convictions

Lucas Tuuaga (26), freezing worker, of Balclutha , drinkdriving, 1255mcg, and driving in manner which might have been dangerous to the public (travelling along Stirling highway, at speeds of more than 120kmh in 100kmh area, cut corner rounding bend, went on to wrong side of road and into path of oncoming motorist who swerved to avoid impact but was left shaken and visibly upset; Tuuaga continued driving at speed into Balclutha, in Hasborough Pl attempted right bend at about 80kmh, resulting in vehicle sliding and hitting street road sign, breaking it off at the base; Tuuaga tried to ‘‘straighten’’ but his vehicle continued to slide then rolled several times before coming to rest on its roof; Tuuaga told police just heading home after fishing, said consumed four stubbies of beer on the way home), about 6.20pm, January 19, overall penalty 60 hours’ community work, $500 reparation (sign damage), disqualified nine months (zeroalcohol licence provisions to follow). Magistrate noted Tuuaga not previously in trouble.

Liam Joshua Greenbank (21), drinkdriving, 657mcg, Lakeside Rd, Wanaka, about 3.30am, December 14, fined $450, court costs $130, disqualified six months. Counsel Chris Lynch said Greenbank had been with friends, did not realise he had drunk as much as he had, remorseful, not previously before the court.

Michael Gerard Van Delden (38), of Dunedin, drinkdriving, 654mcg (due to manner of driving stopped by police as he pulled into Z Kaikorai Valley Rd; in explanation stated his mate had just got out of prison, he was celebrating by having a few beers and just driving him home), about 3am, January 23, fined $650, court costs $130, disqualified six months. Magistrate noted Van Delden’s one previous drinkdrive conviction was in 1999, for exceeding alcohol level for person aged under 20.

Karl Michael Leonard (26), of Dunedin, drinkdriving, 583mcg (spoken to by police admitted consuming a few beers and that he had just taken his brother home), Caversham bypass, about 5.15pm, November 30, fined $600, court costs $130, disqualified 28 days (alcoholinterlock and zeroalcohol licence provisions to follow). Magistrate noted Leonard had one previous drinkdrive conviction, in 2016.

Cody Rhys Veenvliet (19), employed, of Brighton, drinkdriving aged under 20, 250mcg (stopped for routine licence check, failed roadside breathscreening test; in explanation said had seven or eight drinks/shots in town the night before, had not had breakfast yet, on his way into town with his friend to get food), Quarry Rd, Mosgiel, about 10.30am, November 17, fined $250, court costs $130, disqualified three months (from July 12). Magistrate noted Veenvliet had taken the matter very seriously and had not previously been before the court.

Andrew John Whitehead (19), of Dunedin, disqualified driving (stopped because speed 78kmh in 50kmh area; in explanation said trying to get home to look after his brother), Mornington Rd, about 6.30pm, December 17, disqualified six months. Counsel Deborah Henderson said Whitehead was in position of deciding whether to drive while disqualified or lose his job ‘‘and made the wrong decision . . . has also lost his job’’.

Toka Jackson Wiparata (19), employed, of Dunedin, driving while driver licence suspended (was stopped for random breath test, inquiries revealed he was a suspended driver; in explanation said just wanted to show his friend around), Riselaw Rd, about 6pm, November 18, disqualified six months. Counsel Deborah Henderson said Wiparata made the decision to drive, ‘‘very aware he made the wrong decision . . . His friend could have driven’’.

Silapa Petelo Halangahu (27), of Mosgiel, driving while driver licence suspended (stopped for licence check, inquiries revealed he was suspended), Mailer St, about 8pm, December 30, 40 hours’ community work (in lieu of disqualification).

Potiki Talia Clarke (31), of Dunedin, five thefts from The Warehouse (goods worth $79.50, July 18; goods worth $239.49 and $191.96, July 22; goods worth $246.94, July 25; goods worth $120, July 26), 12 months’ supervision, $877.89 reparation ($10 a week), unpaid fines of $2173.57 remitted. Magistrate described restorative justice as ‘‘worthwhile’’, said Clarke’s apology had been accepted, she had been ‘‘forthright and frank’’; magistrate also noted the offending out of character for Clarke, said she had no history of dishonesty offending.