A Rotorua teenager was jailed for three years and nine months this morning for killing his close friend and injuring three others in a road smash.
Richard Emery, 19, of Te Puke, was sentenced by Judge Mary Peters in the High Court in Rotorua after earlier admitting the manslaughter of Judas Witeri, a passenger in Emery's car when it crashed through a railway overbridge near Te Puke a year ago.
Emery was also jailed for a year on a charge of dangerous driving causing injury to Paoroa Rota and another nine months' on each of two further dangerous driving causing injury charges involving Jonah Ahomiro and Te Ahomiro Emery to run concurrently to the manslaughter sentence.
Emery was also disqualified from driving for two years from the time of his release.
Working back from a starting point of six and a-half years, the judge said there were several factors in Emery's favour.
These included his youth, that for the rest of his life he would have to carry the burden of killing someone he was close to and that he had pleaded guilty at the earliest opportunity.
She also noted he was a devoted father to his 3-year-old daughter, a good worker and valued employee.
"The lengthy, heartfelt statement you made at a restorative justice conference shows the lesson you have learned. Your genuine remorse is plainly heard and registers with me," Justice Peters told Emery.
She also noted most, if not all of the youths involved, were his relatives.
Outlining Emery's offending the judge said he had been driving away from a party, possibly an after-ball party, around 8am on July 27 last year.
Although he held a restricted licence, meaning he should not be carrying passengers, six others were in the car, none of whom was wearing a seat belt.
As he pulled on to the state highway near Te Puke, Emery reached speeds of between 100kmh and 140kmh, using the median strip to pass other vehicles, narrowly missing two.
He lost control on a railway bridge sending his car plunging 3.5m down a bank.
Judas Witeri died at the scene, one passenger had been left with a paralysed arm, possibly permanently, another required stitches and others suffered minor injuries.
"To your credit you assisted at the scene," the judge said. "It is a mystery to me how only Judas died."
Emery's blood alcohol level was two and a-half times the legal youth limit.
Defence counsel Tony Balme submitted while alcohol was involved it had not been a key factor. "It was consumed early the previous evening. This is not a situation where he had been swigging out of cans and driving," Mr Balme said.
Despite the car having a warrant of fitness, it had defects which appeared to have contributed to the crash.
Tauranga Crown prosecutor Rob Ronayne said while Emery's driving had been very bad it had only been over a relatively short distance. "It appears it was a bit of reckless fun," he said.
