Wally Watson should never have been behind the wheel. He was drunk, had no licence and was driving up to 100km an hour in a 50km zone when he crashed his friend's ute and killed him.
Watson later told police that his friend had been driving but police crash investigators found it was likely Watson was the driver.
He was sentenced today to 8½ years in prison with a non-parole period of four years and disqualified from driving after being found guilty of manslaughter, drink-driving and driving while disqualified.
As Watson was led from the dock in the High Court at Auckland by a security guard, he paused as he passed the public gallery to give the finger to the son of the man he killed.
The 51-year-old who, by the Crown's count, has 22 charges of driving with excess breath alcohol and 25 charges of driving while disqualified, showed little emotion as he was sentenced.
He and his friend Gavin Cuthbert had been drinking at a friend's West Auckland home in February last year.
The Crown said the pair left the party in Mr Cuthbert's Chevrolet ute.
Watson had a breath alcohol reading more than 2½ times over the limit and was driving at between 90kmh and 100kmh when he approached a gentle turn.
The ute hit a power pole before it crashed into a retaining wall and flipped.
Mr Cuthbert was flung through the windscreen and killed. Watson walked away with no injuries.
He maintained that he was not the driver. When the court registrar formally asked him if he had anything to say, Watson stood and said: "Yeah, you've got the wrong guy''.
But police and a crash expert for the Crown found it was likely that Watson had been the driver.
Watson's denial made it harder for Mr Cuthbert's family to come to terms with the death.
Mr Cuthbert's brother, Trevor, had his victim impact statement read to the court by a victim adviser.
"If Wally had told the truth in the beginning, we wouldn't have had to go through all this.''
Crown prosecutor Brett Tantrum asked for a minimum non-parole period and an indefinite driving suspension.
"The primary ground relied upon is the protection of the community.''
Watson's lawyer, John Cagney, said Watson was sorry that he had not prevented Mr Cuthbert from driving.
"He very much regrets the death of the deceased, as he put it: 'he was my mate', but his remorse must be limited as he maintains his innocence for the charge that he is sentenced for.''
He said Watson had not been drinking for the 18 months he had been in custody and he hoped to get help from Odyssey House when he got out of prison.
"This is a man who has made a conscious decision not only to never drink again but not to drive because he can't trust himself.''
But Justice Patrick Keane did not believe Watson's desire to change his life.
"Despite what you say, your history of offending leaves me with no confidence that you will be free of alcohol or driving.''
Justice Keane said Watson had shown no change in his behaviour before, despite having spent time behind bars for drink-driving and having treatment for alcohol.
"You constituted a risk to any other member of the public on that road at the same time as you.
"Very shortly after the car up-ended, two more motorists arrived. Had they been only slightly earlier the result could have been more extreme.''
