A two-vehicle head-on crash in Cardrona Valley Rd four months ago brought a man before the Dunedin District Court yesterday convicted of four charges of reckless driving causing injury, and driving while his licence was suspended.
James Bradley Creighton (24) had admitted the offending and was also being dealt with on other matters - burgling an address at Ribbonwood Ave, Albert Town, on May 22; stealing a battery charger and a circular saw (valued at $500), at Wanaka, between January 1 and May 23; stealing synthetic cannabis (valued at $22.50), from Betty's Liquor, Wanaka, on March 10; driving while his licence was suspended, in Ballarat St, Queenstown, on May 21; and failing to appear at court, at Queenstown, on June 17.
Judge John Macdonald imposed an overall sentence of nine months' home detention, three years' disqualification on the reckless driving causing injury charges, and ordered him to pay $10,000 emotional harm reparation.
The May suspended driving brought a concurrent 12-month driving ban; and for the theft of synthetic cannabis in March he is to pay $22.50 reparation.
The police summary said the crash happened about 4.40pm on July 24 when Creighton was returning to Wanaka.
He and his passenger, who owned the vehicle, had travelled to Queenstown earlier in the day and they had smoked some synthetic cannabis one or two hours before heading back to Wanaka.
On the way, the vehicle's left rear tyre, worn through to the steel belts, was punctured. And Creighton and his passenger replaced it with a space-saver.
The New Zealand Road Code recommended maximum speed for driving with a space-saver was 80kmh.
Creighton drove at more than 100kmh while passing several vehicles at a time.
Immediately before the crash, the vehicle was seen to drift left and right before crossing double yellow lines on a blind corner.
On a slight right hand curve near Spots Creek, Creighton fell asleep resulting in the vehicle drifting and its left wheels going into gravel on the shoulder of the road.
Creighton woke and pulled the steering wheel sharply to the right causing the vehicle to cross the centre line.
He applied such pressure to the brakes the vehicle's wheels locked. The vehicle slid out of control across the road and collided with an oncoming Hyundai vehicle.
As a result of the crash, the three people in the Hyundai and Creighton and his passenger were airlifted to Dunedin Hospital.
Alice Catherine Scott-Jupp, the driver of the Hyundai, sustained a fractured pelvis, a broken ankle, fractured knee cap, two breaks to her arm, a broken wrist and a 4cm cut to her head.
Passenger Laurel Littlejohn had a torn colon and bowel and a broken collarbone.
Another passenger, Richard Michael Clark, had a fractured rib, fractured vertebrae and a bruised hip.
Creighton's passenger, Andrew James Dryden, had a cut above his eyes and nose.
Creighton had a femur broken in two places and a fractured ankle and wrist.
Public defender Catherine Ure acknowledged aggravating factors were Creighton was on bail at the time for driving while suspended and had consumed synthetic cannabis before driving. It was also acknowledged he had a history of driving-related offending, she said.
It appeared the collision was caused by Creighton over-correcting to try to stop the vehicle going off the road. But it was accepted his driving before the crash had been poor.
Creighton indicated in a letter of apology he was amenable to making reparation, Miss Ure said. He had been in custody for the past three months.
Judge Macdonald said ultimately the real reason for the accident was Creighton fell asleep at the wheel. It was not recklessness at the very worst level. Neither alcohol nor high speed were factors.
Creighton seemed genuinely sorry and had pleaded guilty. He too was injured. He had not previously been sentenced to imprisonment or had an electronically-monitored sentence. His three months in custody was the equivalent of six months' jail.
Post detention conditions, for six months past the detention end, include requirement to undergo a substance abuse assessment and any follow-up, including residential if directed.
The emotional harm reparation is made up of $7000 to Ms Scott-Jupp, $2000 to Ms Littlejohn and $1000 to Mr Clark.