After drinking a 12-pack of beer and two bottles of wine, Rangiawhio Tamihana (25), freezing worker, had unlawfully taken and crashed a car, unaware two young children were in the back seat.
Sentenced in the Dunedin District Court yesterday, he was given a jail term of two years and three months, increased to three years for other offending.
He was also disqualified from driving for two years and six months, and indefinitely, and is to pay $7000 reparation for damage to the car.
Tamihana had been convicted of unlawfully taking a $7000 Subaru Legacy, driving with a breath-alcohol level of 1147mcg, driving while disqualified, and driving in a manner which was dangerous to the public and the two young children, on June 28; driving with a breath-alcohol level of 671mcg on June 1, and a related charge of wilfully attempting to pervert the course of justice by supplying false details.
Events on June 28 began when the children's father drove the Subaru into Mobil Forbury, about 10.20pm, with his two children, aged 1 and 3, in the back seat.
As the man went to the service station counter, Tamihana walked on to the forecourt, got into the Subaru and drove off.
Driving at high speed on State Highway 1, near Mosgiel, Tamihana overtook a vehicle at about 150kmh before losing control and crashing.
A test showed his breath-alcohol level to be 1147mcg.
Tamihana said he had drunk a 12-pack of beer and two bottles of wine earlier in the night. He admitted taking the Subaru but said he was unaware the two children were in the back.
The two other charges were from Tamihana being stopped randomly in Duke St early on June 1. Found to have an excess breath-alcohol level, he gave his brother's name. Charged under that name, he admitted the drink-drive offence, resulting in a conviction being wrongly entered against an innocent person.
Counsel Anne Stevens acknowledged the offending was serious. But she said Tamihana was a young man who had demonstrated he had some good goals in life and asked that he not be given a sentence "so long as to dull that flame". A term of imprisonment would be a very harsh sentence for him, she submitted.
Judge Crosbie told Tamihana the children's father "is angry you drove drunk his vehicle with two kids in the back ... he correctly says it could have been disastrous, the children could have been killed".
The children's father was "disgusted" the children had to go through what happened.
He felt scared and helpless, the judge said.
"He didn't know where they had gone." By "luck and only luck" the children were not injured, the judge said.
Tamihana now had four drink-drive convictions. His conduct had to be looked at "and it has to stop".
Sentenced to two years and three months' jail for unlawful taking, Tamihana received concurrent terms of four months (drink-driving), two months (disqualified driving) and one month (dangerous driving) for the June 28 offending.
But cumulative on the two years and three months, making the total term three years, were three months for the June 1 drink-driving, and six months for wilfully attempting to pervert the course of justice.
Imposing penalty, the judge said in his view the sentence was not "crushing". Hopefully, it would serve as a warning to Tamihana and others.
