Cameron Zane Roberts (24), of Havelock, appeared in the Alexandra District Court for sentencing, after pleading guilty to an indictably laid charge of driving dangerously causing the death of Cobie Levi Detroit Stringer on March 5 last year.
Mr Stringer (20), a shearer, was a former head boy at Maniototo Area School. After his death, friends and family described him as a young leader with ''huge potential and mana'', a talented sportsman and artist.
His mother, siblings and aunt were in court yesterday for the sentencing, but his family were too upset to provide a victim impact statement and declined to accept the emotional harm payment offered by the defendant, the court heard.
Judge Michael Crosbie said it was an extremely difficult day for the family, as they had to relive what happened on the day of the crash.
Roberts had been in Ranfurly earlier on the evening of March 5, drinking with friends and then drove to the Patearoa Hotel with three men in the vehicle, including Mr Stringer. Roberts drank beer and a whisky at the hotel and the group left about 11.30pm.
The front-seat passenger felt ''uncomfortable'' with Roberts' driving and fastened his seat belt. The defendant failed to negotiate a bend on the Ranfurly-Patearoa Rd, 12km east of Ranfurly, the car slid 55m along a ditch and ''barrel-rolled'' 64m before stopping.
Mr Stringer was not wearing a seat belt and was thrown from the vehicle. He could not be resuscitated at the scene. A blood sample taken from Roberts five hours after the crash revealed a blood-alcohol level of 68mg. The level at the time of the crash was estimated to be between 126mg and 179mg, well above the legal limit of 80mg, Judge Crosbie said. A serious crash unit investigator estimated Roberts' speed would have been between 126kmh and 132kmh.
Crown counsel Richard Smith said the maximum penalty for dangerous driving causing death was doubled in 2011 from five to 10 years' jail. This was ''far from a momentary lapse of judgement'' Mr Smith said, describing Roberts' driving as ''aggressive''.
There was no victim impact statement from Mr Stringer's family as it was ''far too hard for them to do'' and they felt a deep sense of grief, he said. Roberts had lost his driver's licence after receiving five speeding infringements in nine months, in 2007-08 and that driving history was an aggravating feature.
Mr Smith submitted Roberts' sentence should be more than two years in jail.
Counsel for Roberts, Stuart Blake, of Auckland, said the defendant would have to ''live for the rest of his life knowing that his actions led to the death of a young man, a young man he called a friend''. Although the defendant had consumed alcohol, there was ''no evidence before the court that alcohol was a causative factor'', Mr Blake said.
Judge Crosbie disagreed and said if a person had alcohol in their blood, it could not be ruled out as a contributing factor. Mr Stringer was not wearing a seat belt but Judge Crosbie said the driver had a responsibility to ensure his passengers buckled up.
Mr Blake said Roberts had no previous convictions and was a young man of otherwise good character. He was running the family farm, as both his parents were receiving intensive treatment for cancer, but their prognoses were unknown. If Roberts was jailed, it would ''place his parents in a precarious situation as well''.
''If they don't recover, the worst-case scenario is he might not get to see them again.''
Since shouldering the responsibility of the farm and supporting his parents, Roberts had abstained from alcohol and undertaken a drug and alcohol programme. The defendant was prepared to take part in restorative justice programme but the Stringer family was ''too raw'' with grief and it was inappropriate to pursue that at this time, Mr Blake said.
A sum of $4000 was available immediately for an emotional harm payment to the family and the defendant had also offered to pay $250-$300 a week. Mr Smith asked the family in court if they would accept the money from the defendant but they declined.
Judge Crosbie said although Roberts was not charged with racing, he was trying to catch up with another car, had alcohol ''on board'' and was speeding. No evidence had been given about the prognoses for the defendant's parents and although their illness was ''sad'', it did not mean the defendant needed to be with them.
There were other alternatives for running the farm. Mr Blake asked for a month's delay in starting the prison sentence on humanitarian grounds but Judge Crosbie declined, saying the defendant had already had an opportunity to ''put his house in order'' before the sentencing.
There was no evidence provided about ''something imminent'' relating to the parents' health, to support the request. Approached outside court after the sentencing, Mr Stringer's family declined to comment on the penalty given to Roberts.
