Otago Daily Times

Counsel says cultural report appropriat­e

- KAREN PASCO PIJF court reporter karen.pasco@odt.co.nz

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.

 ?? ??

Newspapers in English

Newspapers from New Zealand