New Plymouth District Court. Photo: NZME / Tara Shaskey
A young repeat drink-driver dying of cancer is able to move overseas to spend the remainder of his time with family after the court took a merciful approach when sentencing him.
The 35-year-old walked slowly and carefully into the New Plymouth District Court dock on a busy list day before Judge Gregory Hikaka on Thursday.
Defence lawyer Nathan Bourke told the judge his client wished to plead guilty to charges of driving with excess breath alcohol third or subsequent and careless driving.
Bourke then implored Judge Hikaka to sentence the man, whom NZME has chosen not to name, on the spot, instead of timetabling a later date in order for the court to gather information to determine the most appropriate outcome.
He told the judge there were compelling circumstances that enabled a swift sentencing.
The offender had been diagnosed with terminal lung cancer, Bourke began, and his nana had died earlier this year.
"He's fallen into quite a depression, as might be quite understandable."
It had also been nearly 18 years since the man had offended.
Bourke said his client had "quite an eventful year" in 2006, racking up four drink-driving convictions.
But he was then only 17 and had since turned his life around.
While acknowledging the man's high alcohol reading, Bourke submitted the medication he was on had affected his alcohol tolerance.
On August 5, the offender drove into a traffic light on Fitzherbert Ave in Palmerston North around 3.40am.
When police arrived at the scene, he underwent a breath alcohol test and blew 1139 micrograms per litre of breath. The legal limit is 250mcg.
Bourke, who handed up medical documents to the judge to confirm his submissions around the diagnosis, asked that his client was simply disqualified from driving, given the circumstances.
While sentences for aggravated drink-driving often included supervision, community work, community detention, or home detention, Bourke was advocating for an outcome that would not pin his client to New Zealand.
He said the man's entire family lived in Australia and he wished to move across the ditch to spend his final days with his loved ones.
Police prosecutor Zane Webby said given the extenuating circumstances of the case, he did not have an issue with Bourke's proposal.
Judge Hikaka also agreed.
"It would be good if you can get back to your family in Australia," he said.
The judge disqualified the offender from driving for one year and one day and ordered him to come up for sentence if called upon and to apply for a zero alcohol licence if and when he was back on New Zealand roads.
- This story was first published by the New Zealand Herald