Otago Daily Times

Tour bus crash driver’s appeal dismissed

INVERCARGI­LL

- LUISA GIRAO luisa.girao@odt.co.nz

A JUDGE has dismissed an appeal from the driver of a tourist bus that crashed near Queenstown, causing a girl and woman to lose limbs.

Chinese national Liang Fang had appealed his sentence in the High Court at Invercargi­ll, stating a refused discharge without a conviction could affect his visa.

Fang was driving a bus and trailer operated by Awing Travel NZ Ltd and carrying 23 Chinese tourists when it crashed at Wilson Bay, 10km from Queenstown, on January 21 this year.

A 10yearold girl lost both hands and a woman lost an arm as a result of the crash on the GlenorchyQ­ueenstown Rd.

Fang admitted charges of careless driving causing injury and was sentenced in June by Judge John Strettell in the Queenstown District Court.

At the time, he was refused a discharge without conviction.

Fang’s defence lawyer Grant Tyrrell submitted this week that the district court judge erred in his assessment of the seriousnes­s of the offending.

He also said the consequenc­es for Fang were sufficient­ly severe as he was asked by Immigratio­n New Zealand to leave the country.

Justice Dunningham acknowledg­ed in her decision the serious consequenc­e that a deportatio­n would have. However, for ‘‘a single man, with family back in

China’’, she did not see the impact of returning to his country being ‘‘as great as in some other cases’’.

She said Fang’s carelessne­ss in the face of the significan­t responsibi­lity of driving a tour bus was relatively serious.

‘‘I accept that the consequenc­es of conviction for him are likely to go beyond that of other offenders. I also accept that this was an offence of carelessne­ss rather than deliberate wrongdoing.

‘‘While the consequenc­es for Mr Fang will be harsh compared with other offenders, I do not consider that they are out of all proportion to the gravity of the offending. ’’

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