A fatal two-car crash on the Lindis Pass was "a tragedy", Judge Stephen O'Driscoll said when sentencing the driver of one of the vehicles in the Dunedin District Court yesterday.
William Tong (23), student, of New South Wales, had admitted causing the death of Peter Hoang, and injuring Rebecca Jane Guest, by driving carelessly, at Lindis Crossing, State Highway 8, on January 20.
"This was clearly a tragedy for all concerned. You will have to live with this for the rest of your life, as will the parents of the deceased," the judge told Tong.
Convicting Tong, the judge ordered payment of $10,000 reparation on the charge of causing death. On both charges there were also concurrent 12-month driving disqualifications.
Tong's vehicle crossed the centre line and crashed into the oncoming Toyota Hi-Lux in which Mrs Guest and her husband Sam were travelling.
Mrs Guest, who was 33 weeks pregnant at the time, was airlifted to Dunedin Hospital and treated for foot and rib fractures and seatbelt abrasions.
Tests to date had indicated the unborn baby was "stable and well".
Mr Guest had no physical injuries but was "shocked" and concerned for his wife and unborn child.
The Guests did not attend yesterday's hearing, but Mr Guest last night said his thoughts remained with those most affected by the crash.
"Our sympathies are with Peter's family and of course with William, who, of course, lost a close friend," he said.
"But for us, we can say Becs [Rebecca] and baby are expected to make a full recovery."
Mr Guest said he and Mrs Guest were grateful for the support of many family and friends since the crash.
The judge said he was "impressed with the incredible compassion" shown by Mr and Mrs Guest in their victim impact statement.
"They have no animosity towards you and extend their sympathies to you, as they understand the situation," he told Tong.
Prosecutor Tom Scouller said Tong came to New Zealand on January 8 to attend a conference at Auckland and six days later met his close friend Peter Hoang (23), of Sydney, to begin a 10-day holiday travelling around the country.
After visiting Auckland and Wellington, the two hired a car at Christchurch on January 19 planning to travel to Queenstown via the Lindis Pass the next day.
They left Christchurch about 7.30am, with Mr Hoang driving. Near Omarama, they stopped to get snack food for the remainder of their journey and Tong took over the driving.
Descending from the Lindis Pass summit just after noon, Tong successfully negotiated a 55kmh advisory-signed right bend before entering a second corner where the advisory speed was 65kmh.
He travelled around the corner in a way that caused their vehicle to leave the sealed lane and go partly on to loose gravel off the left side of the road.
His attempt to correct the error resulted in the vehicle veering sharply right and crossing the centre line at an acute angle in front of the Guests' oncoming Toyota Hi-Lux.
The passenger side of Tong's vehicle impacted across the front of the Hi-Lux, resulting in the immediate death of Mr Hoang.
Tong sustained fractures to his jaw and facial bones, cuts to the left side of his head and trauma to his left foot.
Both vehicles were written off in the collision.
Counsel Campbell Savage submitted Tong had not been speeding or "showing off". He had been driving for less than an hour and was using a sophisticated GPS system so was aware of corners in advance, and speed restrictions. Perhaps his inexperience of driving on mountain roads in New Zealand was a factor.
Tong's pensioner parents had come to New Zealand to attend Mr Hoang's funeral and support their son in hospital and at court.
A student, Tong was of limited means. He was highly able and studying for a doctorate in mathematics, Mr Savage said.
Sentencing Tong, Judge O'Driscoll said a victim impact report from Mr Hoang's family recorded his background and what would have been a promising future with excellent employment opportunities. Mr Hoang had been a graduate with first-class honours.
The judge said $7460 of the $10,000 reparation on the "causing death" charge was for funeral expenses, and return flights to New Zealand and accommodation costs for six members of Mr Hoang's family. The balance of reparation was to his family for emotional harm.
In light of Mr and Mrs Guest's comments, the couple not seeking reparation and Tong's limited funds, the "causing injury" charge would be dealt with simply by conviction and a 12-month driving ban, the judge said.
The ban would be concurrent with the 12-month disqualification on the other charge.
