Counsel says cultural report appropriate
A MAN who was jailed for crashing his car into a Gore house while trying to harm himself should have had a cultural report available for sentencing, a court heard yesterday.
Yesterday, Sonia Vidal appeared for Levi Kopahi MatikaMarsh (28) before Justice Gerald Nation in the High Court at Invercargill appealing the sentence Judge Russell Walker gave of two years’ imprisonment, $22,676.81 of reparation, analyst costs of $858.85 and disqualified him from driving for two years in the Gore District Court on March 2 for driving while disqualified, dangerous driving and three charges of aggravated drinkdriving causing injury.
The summary of facts said MatikaMarsh was travelling north towards the intersection of Huron St and Anderson Pl in Gore about 3.25am on August 8, last year.
As he approached the intersection, he crossed the centre line and narrowly missed a power pole before the car went into a tumble then crashed through a fence.
He was thrown from the vehicle and landed on the lawn, while the vehicle ploughed into the side of the house, crashing into the wall of two bedrooms where the three victims, a 38yearold woman and two 14yearold girls, were sleeping.
The car came to a rest on MatikaMarsh’s leg.
All three victims were taken to Gore Hospital by ambulance and suffered in pain for days after the accident. One continued to suffer from concussion which caused her to have fits.
A sample of MatikaMarsh’s blood taken six hours after the crash revealed a bloodalcohol concentration of 157mg and showed the presence of THC, the main psychoactive component found in cannabis.
In her submissions yesterday, Ms Vidal said the crash was a failed attempt by MatikaMarsh to selfharm.
A cultural report should have been ordered by the court prior to sentencing as it would have informed the Judge better of MatikaMarsh’s background, disclosing more about the abuse he had suffered throughout his life and his mental health issues.
‘‘A cultural report gives good background into the appellant and the ongoing and quite prevalent mental health issues . . . in the wider family.’’
The report may have changed how MatikaMarsh’s culpability was considered by the sentencing judge which could have led to a different end sentence, Ms Vidal told the court.
A cultural report had since been prepared which showed a life of chaos and trauma, she said.
‘‘I think Mr MatikaMarsh’s [report] is one of the worst that I have read of late.’’
Crown prosecutor William Chapman said the significant matters raised in the cultural report had already been raised with the sentencing judge in a presentence report.
MatikaMarsh had been deemed as high risk and therefore not suitable for an electronically monitored sentence at the time of his sentencing, Mr Chapman said.
Justice Nation reserved his decision.