Home detention for killer drunk driver
Ten weeks after he hit and killed Irish national Declan Curley while drink driving, Callum Wither was again on the road – and drunk.
Wither has now been sentenced to home detention, to the disappointed murmurs of Curley’s friends and family in Wellington District Court yesterday.
There were so many family and supporters of Curley a separate court had to be used and linked by audio visual for all to see the sentencing.
Wither, 23, who had hit Curley at the intersection of Taranaki and Dixon streets in central Wellington on February 12, 2022, was drunk enough to have a friend tell him he should not be driving. He had a breath-alcohol reading of 516 that night (the limit is 400).
But on April 21, Wither was again in Wellington’s CBD – this time stopped on Manners St – recording a reading of 529.
He pleaded guilty to a charge of dangerous driving causing death and a charge of driving with excess breath alcohol from that night and another charge of drink driving from April.
Wither held a restricted driving licence and should not have been driving between 10pm and 5am either alone or with passengers without having a suitable supervisor in the car.
On February 12, 2022, he had been drinking and had three friends in the car. One of his friends had already told him to hand over the car keys because of his intoxication.
Crossing Taranaki St to Dixon St about 3.30am he accelerated heavily and two passengers told him to slow down. Curley was hit while he crossed the road. He was thrown against a parked car and died at the scene.
Dixon St has a 30kph speed limit and Wither was doing 56kph at the time of the crash, police said.
On April 21, 2022, about 4am, Wither had been drinking and was caught driving on Manners St, one street over from Dixon St. He told police he was driving to take friends home to Newtown. A Givealittle page set up to raise money for Curley’s family following his death raised more than $94,000.
Curley was described on the page as “a true gentleman”, who was loved by many.
The victim impact statement from his parents, Rena and Tommy, was read to the court. “Our son was our only child, our pride and joy. Our hopes and dreams are shattered and we will never recover from that night.”
They said they were shocked to hear that Wither was caught again, only metres from where their son was killed.
Tommy Curley died in December, after a short illness, and Rena Curley said she knew he died of a broken heart.
Judge Noel Sainsbury said he could not impose a sentence that in any measure matched the loss. “You were going too fast, couldn’t react in time and you were affected by alcohol ... and Mr Curley lost his life.”
The judge said over time Wither had come to appreciate the terrible damage he had done.
He sentenced him to 12 months’ home detention and disqualified him from driving for three years.