An accident which caused the death of a pedestrian has resulted in the driver of a truck and trailer being convicted of careless driving causing death.
Paul Donald Marshall (43), driver, appeared in the Dunedin District Court yesterday and was sentenced to 300 hours' community work, 12 months' driving disqualification, and ordered to pay $6000 reparation.
He had pleaded not guilty to causing the death of Shirley Anne Heads by operating a vehicle carelessly, in Great King St last April 28.
Judge Mary O'Dwyer heard the case in the Dunedin District Court over two days last month.
Giving her decision yesterday, the judge said she found the charge proved.
Marshall had failed to exercise the degree of care expected of a reasonable and prudent driver.
He had not kept a proper lookout for pedestrians, taking into account the difficulty of his vehicle and the intersection.
The accident happened at the intersection of Hanover and Great King Sts, about 1.50pm.
Marshall, driving a Volvo truck unit towing a 10m semi-trailer, was making a left turn from Hanover St and Mrs Heads (64) was crossing the Great King St pedestrian crossing from the east side of the street.
About 4m into the crossing, a collision between the left side of the truck cab and Mrs Heads resulted in Mrs Heads being knocked to the ground and run over, resulting in fatal injury.
Counsel Len Andersen submitted the whole event was a tragedy.
Marshall thought every day about what he could have done better.
However, the reality of the situation was he did not see Mrs Heads at the only time he could have during the complicated manoeuvre.
The need for reparation was acknowledged, Mr Andersen said.
But Marshall had no present ability to pay a lump sum and his income would be reduced when he was disqualified.
Although his employment would remain, his hours would be reduced on the basis he was not driving.
Marshall's regret that the death was caused by his truck was "always there", Mr Andersen submitted.
Judge O'Dwyer said Marshall had been undertaking an extremely difficult manoeuvre given the size of his vehicle and the length of the trailer.
She took into account Marshall was taking the route he had to that day.
But she said he did not make the turn with degree of care required in the circumstances.
Marshall was an experienced driver, aware of the difficulties of his truck and knowing about its blindspots.
He did not take that adequately into account when he drove around the busy corner.
In reference to victim impact statements, Judge O'Dwyer said the consequences could not have been more serious for the victim or her family.
Mrs Heads was within weeks of retirement and taken from it "so tragically". There was ongoing grief.
Her husband's health had been seriously affected.
He had been her partner of 48 years "and soul mate".
Imposing sentence, the judge said the main focus had to be on Marshall's culpability.
Nothing, and no penalty could replace the loss.
"The family would have been helped if you had been able to accept your guilt.
''You did not plead guilty so there can be no credit for a guilty plea," the judge told Marshall.
The judge noted remorse had been expressed "but not a particularly thought-out offer of reparation, and no direct apology".
It was regrettable Marshall did not have any savings, the judge said.
"I would have thought it was something you could have thought through in the past 12 months and would have been able to take it into account today".
Marshall was represented by Mr Andersen with counsel Werner van Harselaar.
The police prosecutor was Tim Hambleton.
