Mosgiel resident Andrew John Earl will appeal the sentence
imposed this week on his convictions for careless driving
causing the death of Allan Hubbard and injury to Mr Hubbard's
Earl (42), a plasterer, said he did not accept the $2500 fine
and 12-month driving disqualification handed down by Judge
Gary MacAskill in the Christchurch District Court.
He told the Otago Daily Times he planned to appeal to
the High Court.
''I don't accept the judge's findings.
''I don't accept that I was drowsy or nodded off.
''I just don't believe that someone can be convicted on the
amount of evidence they have. I think that's wrong,'' he
Earl said he did not want to see Mrs Hubbard blamed in
relation to the crash which caused her husband's death and
''I'm not interested in having her prosecuted. That's the
last thing I want,'' he said.
The ute Earl was driving on September 2, 2011, collided with
a car being driven by Mrs Hubbard on State Highway 1 near
Oamaru about 1.15pm.
After a defended hearing earlier this year, Judge MacAskill
found Earl was drowsy or had fallen asleep at the wheel,
causing the crash.
But Earl denied that and said the crash was ''simply an
He had a ''very good rapport'' with the Hubbard family.
''There's no animosity, no ill feeling as such. I want to be
able to put it behind us and move forward as we possibly
Mrs Hubbard (82) did not remember the incident and did not
In a statement released after Earl's sentencing, she said her
late husband would have wanted both families to move on with
their lives, and she had no ill will towards Earl or his