Photo:
A woman who caused the death of a motorcyclist after failing to give way at an intersection near Māpua, says she will not drive again after the devastating crash.
Carole Chapman, 77, was sentenced in the Nelson District Court today on a charge of careless use of a vehicle causing death.
Kāikoura man Anthony Jeffery Keen, 29, died of a fatal head injury after he was hit by Chapman's car at the intersection of State Highway 60 and Māpua Drive around 2.30pm on 17 January.
Judge Tony Zohrab said the charge carried a maximum penalty of three months imprisonment or a fine of up to $4500, but Keen's family said they didn't want to see Chapman imprisoned.
"They understand you made a mistake and that has had a profound effect on their family but they do not want you to go to jail, they know that you need to be held accountable for what has happened, but they do not think jail is at all appropriate.
"Whatever I do by way of sentence today is not going to change what has happened for anybody, you will still be bearing this heavy load and of course Anthony and his family have suffered greatly."
Judge Zohrab sentenced Chapman to 150 hours community work and disqualified her from driving for nine months.
Chapman was also ordered to pay $10,000 in emotional harm reparation to Keen's family, after making an offer to do so.
The court heard how Chapman saw the oncoming motorcyclist on the day of the crash, but thought she had time to safely turn right into Māpua Drive.
Keen was travelling within the 100km/h speed limit and had the right of way, but did not have time to brake or avoid Chapman's car as she began to turn into Māpua Drive, and crashed into the front of her vehicle.
The impact was significant and Keen was thrown some distance from his motorcycle and died at the scene.
"The fault on your part on this occasion was very minor but the consequences for Anthony and his family have been catastrophic so there is a disproportionate penalty that has been paid by everybody here for your error of judgement."
Victim impact statements from Keen's mother and stepfather detailed the huge loss of their son, which they were still coming to terms with.
Judge Zohrab said a restorative justice meeting between the families had been rewarding for everyone, with Chapman able to learn more about Keen's background and circumstances.
"You learnt that he died happy, he died with a purpose and his family were able to convey to you that Anthony had found his way in life and was pursuing that and they could also see that this mistake by you weighed heavily upon you and they were able to offer you some support."
Keen's family offered Chapman some words of encouragement when she expressed concerns about being defined by her error of judgement, in what Judge Zohrab said must have been an "incredibly difficult conference for everyone".
He said Chapman was described as a "giver rather than a taker" who volunteered with her church and worked as a caregiver, and Judge Zohrab said a sentence of community work would allow her to continue to give back to the community.
Defence lawyer Michael Vesty said Chapman had no previous convictions and no intention of driving again.
"A conviction at this late stage of her life and her driving career is a significant penalty and she wears it very heavily.
"Sixty years on the road without having troubled anyone, turning into a very difficult road off a highway, she doesn't blame anyone but herself for what happened and she is wearing the consequences of her actions."
Waka Kotahi said data from 2014 to 2023, showed there were six crashes at the State Highway 60 intersection with Māpua Drive, half of which resulted in serious injuries.
It was investigating wide centre lines and median barriers for sections of State Highway 60, including changes at the Māpua intersection to improve the safety of turning movements.
Any changes would be subject to engagement with impacted landowners/residents and the wider community and were funding dependent, with details of the National Land Transport Fund due to be announced next month.