A Vanuatuan man who was convicted of drink-driving causing death had his sentence reduced from three years to two and a-half years at an appeal in the High Court at Dunedin yesterday.
Yannick Romaric Tevi (23) caused the death of Dunedin oral and maxillofacial surgeon Phil Cox, and injuries to Arthur Blondell, in an accident near Millers Flat on March 7.
Tevi had stolen a work van after drinking a cask of wine and was driving on the wrong side of the road when the accident occurred.
His blood-alcohol level was 123mg.
Justice Pankhurst said the reduction of Tevi's sentence "should not be taken as any indication of the value of the life that was lost".
"I have read the victim-impact statements from those two families and they are as harrowing as any I have had the misfortune to read."
The circumstances of death were just one consideration to be taken into account at sentencing and the "predominant consideration" was the culpability of the offender "in terms of driving fault involved".
Tevi's culpability was in the fact he drove while unlicensed, inexperienced and affected by alcohol. Aggravating factors were that he continued to drive after others tried to stop him and after a near-miss with another vehicle in Roxburgh.
"This is not a case of conscious or deliberate bad driving, but rather a gross error of judgement."
Counsel Mike Newell said imprisonment was accepted, but the starting point for the term was too high.
Tevi did not have a bad driving history, had not been driving while disqualified and had no previous drink-driving convictions.
Crown counsel Louise Denton said she conceded the starting point was too high, but an end sentence in the vicinity of two to three years would be "about right".
During sentencing in the Dunedin District Court in June, Judge Stephen O'Driscoll set a starting point of four and a-half years and then deducted 18 months to take into account Tevi's guilty plea, his lack of previous convictions and his offer to pay reparation.
Justice Pankhurst adjusted the starting point to three years and nine months, before deducting 15 months, to come to two and a-half years.
A concurrent sentence of two and a-half years for drink-driving causing injury was reduced to a concurrent 18 months.
When contacted yesterday, Mr Cox's widow, Jane, said she deeply regretted Tevi had never contacted the family to say he was sorry.
