A drink-driver who struck and seriously injured a Queenstown woman is appealing his sentence on the grounds it is ''manifestly excessive''.
Addressing Justice Cameron Mander at Nicholas Edward Catlin's appeal in the High Court at Invercargill yesterday, barrister Liam Collins said the starting point used by Judge Bernadette Farnan had been too high.
When he appeared in the Queenstown District Court in June, Catlin was sentenced to two years and four months' prison after admitting charges of drink-driving causing injury and failing to stop to ascertain injury, in Queenstown, on March 3.
The British builder had spent most of the day drinking. He lost control of his car, which mounted the kerb outside the Copthorne Hotel on Stanley St and hit resort resident Mutsuko Morisue.
He fled, but was found to be nearly three times the legal limit after police found him at home a short time later.
Ms Morisue suffered a traumatic brain injury and spent two months recovering in hospital.
Mr Collins told Justice Mander he was not trying to ''mitigate the offending at all'', but Catlin's sentence was excessive compared to those of similar cases.
''I know this court would be reluctant to tinker with the District Court's decision, but four to six months of a man's life is not tinkering.
''The extra time in prison is manifestly excessive.''
He cited comparable cases with the same starting point, but in which the offending had more aggravating features and the defendants had entered guilty pleas at a later stage.
Although Judge Farnan had applied ''generous but appropriate'' discounts for steps taken by Catlin to show his remorse, she had applied four months' uplift for his two previous drink-driving convictions in the United Kingdom.
The information provided by police about the convictions was ''unclear'', and did not include the alcohol levels involved, Mr Collins said.
Although he had argued for home detention instead of prison at Catlin's sentencing, he acknowledged there was now ''difficulty'' with that option as he understood a deportation order had been served on his client.
Crown prosecutor Sarah McKenzie said the 20% discount applied by Judge Farnan was ''more than sufficient''. A discount of five to 15% was the norm when accounting for steps taken by a defendant to show remorse.
Judge Mander reserved his decision.
