A Blenheim woman who fled a police alcohol checkpoint, killing 51-year-old Penelope Phillips, has been sentenced to eight months' home detention.
Police wanted Frances Carol Stubbs, 20, to serve 3 1/2 years in jail for driving with excess blood alcohol causing death, but Judge Bruce Davidson did not agree.
Stubbs should be given credit for her early guilty plea, remorse and actions, which included taking part in informal restorative justice sessions with Mrs Phillips' family members, Judge Davidson said yesterday.
He also sentenced Stubbs to 160 hours' community work and disqualified her from driving for 3 1/2 years.
Blenheim District Court was packed for the sentencing.
Stubbs killed Blenheim mother and grandmother Mrs Phillips when she crashed into her car at the roundabout at Nelson and Hutcheson streets in Blenheim on March 19. The crash happened moments after Stubbs fled a police alcohol checkpoint.
Judge Davidson said Stubbs would be an ideal candidate to front a campaign against drink-driving.
"I can't sentence you to do that, but it would be a very laudable and worthwhile step on your part to tell the world about the dangers of drink-driving," he said.
Mrs Phillips' family had raised the idea during informal restorative justice talks with Stubbs, he said.
Police prosecutor Sergeant Steve Frost said home detention was not appropriate for such a serious charge because it was not a sufficient deterrent, nor would it denounce Stubbs' actions.
He suggested a starting point of 3 1/2 years in prison.
However, Judge Davidson said he doubted Stubbs had made a conscious decision to drive off, and was motivated by "fear, panic and fright". Stubbs was well regarded by her employer and intended to return to study next year, he said. He did not expect Stubbs would ever have to appear in court again.
"I believe without a shadow of a doubt that you are a young woman with a bright future."
The Stubbs' family had paid $9200 to Mrs Phillips' family for emotional harm and reparation for the car.
Mr Frost said Stubbs told police she drank four RTDs (ready-to-drink alcohol) before the crash.
She had believed she was going to be picked up, but drove herself when that plan fell through.
After the accident, Stubbs was taken to Wairau Hospital and was treated for minor injuries, Mr Frost said. She was found to have 120 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80mg.
Defence counsel Mike Turner said Stubbs had apologised to the Phillips family in writing and in person, but wanted to make a public apology for her behaviour.
Stubbs was freaked out when she failed the test, which detects alcohol on a person's breath, and made a spontaneous decision to drive off "with no thought to the consequences".
Stubbs was very active within the community, including being in the school choir and house leader when she was at secondary school. She was "sorrowful, shaken and remorseful" for what she had done and was receiving counselling.
Is 8 months home D too light a sentence for drink driving causing death?
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