While 66-year-old Robert Gerwyn Hutton’s driving ban was cut from 18 months to 12 months, he was unsuccessful in persuading the High Court that his nine-month home-detention term should be reduced.
The Christchurch driver was sentenced in the Dunedin District Court in July after admitting to dangerous driving which caused the death of Connor Harley Latty.
The 18-month disqualification imposed at sentencing was "excessive", Justice Melanie Harland said in a judgement recently released to the Otago Daily Times.
Any ban over 12 months requires a motorist to resit their heavy-transport licence, the court heard.
"[Hutton’s] record until this incident has been impeccable and his behaviour leading up to the event (such as taking rest breaks per the summary of facts) suggest he was typically a responsible driver," Justice Harland said.
Mr Latty was on his way to his new job at Repco on March 17, 2023, when the tragedy unfolded.
Earlier, Hutton had parked in Carroll St where a forklift unloaded damaged vehicles at an autoparts company.
When he tried to drive away he realised the brake for the rear trailer was still engaged and got out to manually release it.
However, Hutton had not pulled the handbrake and the truck careened out of control through busy Dunedin streets.
It passed through Princes St, into Police St where it hit a parked car, then collided with Forno’s Auctioneers, before striking Mr Latty.
A bystander, with truck-driving experience, entered the cab and found the handbrake disengaged.
At appeal, counsel Grant Fletcher said the incident had "shattered" his client’s life and left him with PTSD.
He argued Judge Jim Large had not adequately taken into account the mitigating factors in Hutton’s case and that the home detention sentence was too severe.
Justice Harland accepted the judge had taken a somewhat unconventional approach to sentencing, but said there was no error in his reasoning.
"Like the judge, I consider the overall interests of justice required this outcome," she said.
— Rob Kidd, Court reporter
