"A random act of gross recklessness" was how Judge Stephen O'Driscoll yesterday described the actions of a young woman who threw herself in front of a truck in Oamaru last year.
Ema Louise McGeown (22), farm worker, was sentenced in the Oamaru District Court to five months' community detention, 200 hours' community work and 12 months' supervision on a charge of criminal nuisance.
She was also ordered to pay $5000 emotional harm reparation to Maddie Horn, who ran out and attempted to pull her from the path of the courier truck and semi-trailer on Thames Highway on March 28.
As Ms Horn pulled her back, her own momentum caused her to fall directly into the path of the truck and she was struck head on.
She suffered massive head and body injuries.
Judge O'Driscoll said McGeown's actions were typical of so many in the community who simply did not think about the possible consequences of their actions, particularly after they had been drinking.
During sentencing, Ms Horn read part of her victim impact statement to the court.
She had known McGeown for about eight years and had been in a relationship with her.
She was her best friend and lover and she cared deeply for her.
She had little memory of what occurred, but remembered running out on to the road after her and grabbing her from the path of the oncoming headlights.
She outlined the extent of her "massive" injuries and told the court she had not been expected to live through the night.
She was discharged from hospital on July 11.
She had been told it would take two years for her brain to fully heal and, even then, it might not come right.
The emotional pain would never leave, she said.
McGeown's counsel Michael de Buyzer said the defendant had expressed genuine remorse and regret.
The pair had consumed a large amount of alcohol and their level of sobriety had a role to play in their actions.
Members of the public had seen them stumbling along the main street and embracing.
What McGeown had to drink caused her to act irresponsibly and her actions put others at risk.
"But for the grace of God" a fatality did not occur, he said.
McGeown never had any thought of the consequences of what might happen and she "simply didn't think the situation through".
Her level of culpability on one sense was low, while her recklessness or foolhardiness was extremely high.
The consequences of the injuries sustained by Ms Horn were felt most keenly and with a great degree of anguish.
After Ms Horn was released from hospital, she was released into a flatting situation with McGeown, who attended specialist appointments with her and was an active part of her rehabilitation programme.
She played the part of caregiver and support person.
There had been a break in their relationship in recent times and they had gone their separate ways, which was an "unfortunate consequence of domestic life", Mr de Buyzer said.
McGeown, who was "deeply grieved" by what had happened, had taken stock of her personal circumstances and realised she needed to address alcohol issues.
It was an "incredible wake-up call" for her, he said.
Judge O'Driscoll, who described it as an unusual charge, said the body of the charge indicated it was the truck driver who was the victim of the criminal nuisance.
It was clear to him the real victim was Ms Horn.
The incident was avoidable and would not have occurred if it had not been for McGeown's actions going out into the path of the truck.
Her actions were "incredibly reckless and stupid" and had consequences for her, for Ms Horn, and for the truck driver; and it had the potential for "huge consequences" for other road users.
Ms Horn had suffered significant physical and emotional injuries which might be long-lasting and with her forever.
Looking at the previous convictions of McGeown, who represented New Zealand in football between the ages of 14 and 17, she had gone off the rails and he suspected it was because of alcohol.
He accepted her actions were probably something that occurred on the spur of the moment and he accepted the injuries received by Ms Horn were not intended or planned on McGeown's part.
While some might think a sentence of imprisonment was warranted, prison would not change or reverse what had happened and it would not heal or repair the damage, he said.
