Family views ‘ignored’ as driver discharged with handshake

A youth court judge failed to take into account the view of a grieving mother when he decided to discharge a youth who had crashed and killed a teenage girl, a High Court judge has heard.

The Crown is appealing the case of a now 18-year-old who was given a handshake along with the discharge by Wellington Youth Court judge Noel Walsh in August.

The 18-year-old faced charges of driving with excess blood alcohol, dangerous driving causing death and dangerous driving causing injury. A further charge of possession of methamphetamine was dismissed.

He had been driving the car too fast along Shelly Bay Rd in September 2021 and lost control. The car rolled down a bank onto rocks. A female passenger died at the scene. The driver and another passenger were injured.

A discharge means there is no criminal conviction and no record of the charges.

Under Youth Court rules, the identities of those involved are suppressed.

The victim’s mother has said she was not told the case may be resolved that day so did not attend. She found out via a voicemail message from a police officer that the teenager’s charges had been dismissed.

Crown prosecutor Sally Carter said to grant a discharge a judge had to consider a number of fundamental things – the wellbeing of the young person, public interest including public safety, the interests of the victim and accountability.

She said it was clear the wellbeing of the youth had been addressed, but the others had not been.

Carter said the sentence was manifestly lenient.

The youth’s lawyer, Karen Bailey, disputed that. She said the victims’ views were known from a family group conference. The police had had time to go back to the victim and hadn’t, she said.

Justice Andru Isac at the High Court in Wellington reserved his decision.