Hit-and-run driver's jail term appeal thrown out by judge

A High Court judge has dismissed an appeal by the hit-and-run drink-driver who seriously injured Queenstown woman Mutsuko Morisue in March.

Nicholas Edward Catlin appealed his sentence on the ground his jail term was ''manifestly excessive''.

Justice Cameron Mander's decision was issued a fortnight ago, but could not be obtained by the Otago Daily Times until this week after a High Court staffer's error.

Catlin's lawyer, Liam Collins, argued at the October 9 hearing the starting point for sentencing used by Judge Bernadette Farnan in the Queenstown District Court in June was too high.

Her sentence of two years and four months' prison was excessive compared with those given in similar cases.

Mr Collins said a four-month uplift for Catlin's two previous drink-driving convictions in the United Kingdom was also excessive.

The British builder was nearly three times the legal alcohol limit when he lost control of his car, mounted the kerb outside the Copthorne Hotel on Stanley St and struck Ms Morisue. He fled the scene and caught a taxi home, where police found him a short time later.

Ms Morisue suffered a traumatic brain injury and facial fractures and spent two months recovering in hospital.

In his decision, Justice Mander said previous sentencing decisions referred to by Mr Collins did not persuade him Judge Farnan had made an error.

''The combination of factors present in this case, including a high level of intoxication, speed and recklessness, critical injuries to the victim and Mr Catlin's failure to stop and remain at the scene, justified the ultimate sentence imposed.''

Mr Collins' argument the four-month uplift was excessive did not stand scrutiny, he said.

''... [Catlin] has continued to drink and drive ... That has now resulted in very serious injury to an innocent victim.''

Catlin will be deported upon his release.

 

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