A man who ran over a teenager, leaving him fighting for his life, has avoided a conviction.
Rowan Knol, 22, appeared in the Invercargill District Court on Tuesday on one charge of failing to stop and ascertain injuries after a crash.
Judge Duncan Harvey granted the defendant a discharge without conviction and did not disqualify him from driving.
Knol had paid the victim $6000 and completed more than 160 hours’ voluntary community work, the court heard.
On September 25 at about 6.15am, the victim, Ryan Phillips, was walking home from a party.
CCTV footage showed him lying on the road on Marama Ave South and falling asleep. A driver noticed the man, and parked their car 23m away with their hazard lights on.
Meanwhile, Knol had also been drinking and had slept at a friend’s house. He woke up and set off home at about 6am.
He focused his attention on them, rather than the road ahead, the court heard.
He saw Mr Phillips on the road and swerved, but it was too late.
He ran him over and drove away.
Knol turned himself in to police three days later.
Mr Phillips was flown to Dunedin Hospital and placed in an induced coma for almost a week.
"This has been a very hard, painful journey so far and there is still a long way to go," he said.
"I have learnt something from my mistake and I hope the driver has as well."
The court heard he suffered fractures to all of his left ribs, a skull fracture, a broken wrist and punctured lungs.
The victim’s father Nathan was optimistic at the start, saying he had no anger towards the driver.
But his attitude had changed.
"It’s a hard one really. I tried being happy about it all, and he’s done the right thing, he’s handed himself in. But I’m not so sure now.
"His apology, and the words he used in his apology, it kind of hit some nerves. It wasn’t very good actually."
Judge Duncan Harvey said the court had "great sympathy" for Mr Phillips and his family.
He commended Knol for turning himself in and admitting all details, including consuming alcohol, to police.
"The fact remains Mr Knol, that had you stopped on this morning, the victim’s injuries would still have been caused, the only difference would be that you did not commit a criminal offence."
The court heard the defendant wanted to be a helicopter pilot, and a conviction would make that difficult.
"That would be a personal tragedy for you," Judge Harvey said.
