Nothing he could do or say could bring back a family's much-loved father and grandfather who died nine days after being knocked down by a car in Mosgiel last October, a Dunedin District Court judge said yesterday.
And no penalty would make up for the loss William Fraser Mitchell's family had suffered, Judge Michael Crosbie told the elderly driver of the car which struck 92-year-old Mr Mitchell.
Leonard William Cadzow, 88, of Mosgiel, earlier admitted causing the death of war veteran Mr Mitchell by driving carelessly on October 16.
Cadzow was driving in good light and road conditions in Wickliffe St about 4.23pm when the left front guard and wing mirror of his car struck Mr Mitchell, who had almost finished crossing the street. He suffered leg, back and arm fractures, a dislocated thumb, multiple skin tears, abrasions to his face, head and arms and lacerations to his knee.
Despite undergoing surgery, he died on October 25 as a result of the injuries.
The defendant said his eyesight had been affected by a stroke in 2011. And police found his licence had expired in February 2011. His car did not have a current warrant of fitness at the time of the accident, although it was subsequently inspected and found to have no mechanical defects.
Counsel John Westgate told Judge Crosbie "a moment's inattention" had resulted in the accident. Cadzow had been driving slowly, doing an errand, but was never going to drive again. He had never been in court before and wanted to make an emotional harm payment to Mr Mitchell's family, although his means were limited.
There was no doubt the case was one where the results were catastrophic, although the level of carelessness was low, Mr Westgate said.
Police prosecutor Tim Hambleton said it was accepted many of the possible sentences had been "taken out of play" because of the defendant's age. The penalty recommended in the pre-sentence report was a conviction and order to come up for sentence. But Mr Hambleton said some emotional harm payment should be made, even if it was by time payment.
Judge Crosbie acknowledged the presence in court of members of Mr Mitchell's family who, he said, had suffered a great loss.
Through their victim impact statements, he had learned Mr Mitchell joined the RNZAF in 1942 and was a navigator in the Pacific. After the war, he worked as a registered accountant and for many years was secretary of the Milburn Lime and Cement Co. When that company moved to Christchurch, he decided to stay in Dunedin for the sake of his family and joined Presbyterian Social Services.
Although "of senior years" at the time of the accident, Mr Mitchell had been leading an active life and the judge acknowledged the family's concern for their father's pain and suffering.
It was to their credit that, although they believed their father's life had been ended unfairly, they were not disparaging of Cadzow. Rather, they were more concerned about their father's last hours and his pain and suffering. Judge Crosbie said.
He had to balance the family's grief and loss against Cadzow and his previously exemplary life and the level of carelessness. The charge of careless driving causing death was a recognition by Parliament that, even where the level of carelessness was low involving a momentary lapse of attention, it could have "catastrophic consequences".
If the defendant had been younger and able, no doubt community work would have been an option, the judge said. But the recommendation was for a deferred sentence and that was the appropriate course.
He convicted Cadzow, deferred sentence for nine months, disqualified him from driving for four years, although he accepted the defendant did not intend to drive again. He ordered him to pay $5000 emotional harm reparation to the Mitchell family by fortnightly instalments of $200.
