A recidivist drink-driver who crashed his vehicle into a car driven by a pregnant woman near Lake Hayes has failed in a bid to overturn his prison sentence.
Raymond Daphord Hemi, 43, was on a zero-alcohol licence for his repeated offending when he decided to drive home after drinking for several hours at an Arrowtown pub last September.
He was speeding while driving south in Arrowtown-Lake Hayes Rd when his car crossed the centre line and collided head-on with the woman’s vehicle.
Hemi’s blood alcohol level was 193mg — nearly four times the legal limit.
He was sentenced to 19 months’ jail by Judge Russell Walker in the Queenstown District Court in March on charges of aggravated drink-driving causing injury and breaching a zero-alcohol licence.
However, Hemi appealed the sentence on the grounds Judge Walker should have sentenced him to home detention instead.
Counsel Jono Ross said Judge Walker’s conclusion Hemi lacked insight into his offending was at odds with his recognition of the defendant’s remorse.
The defendant had admitted the charges, offered reparation, written a letter to the victim, and been prepared to take part in a driver education programme.
Mr Ross said the sentence of imprisonment did not adequately consider the principles of rehabilitation and integration into the community, but conceded Hemi had breached court sentences and orders in the past, including offending while on an electronically monitored sentence.
In his decision, High Court Justice Jonathan Eaton said he agreed with Judge Walker that Hemi had failed to show insight into his offending, and a prison sentence had been necessary for denunciation and deterrence.
The defendant had a "shocking" driving record that included five previous drink-driving convictions, had reoffended while on a zero-alcohol licence, and had a history of failing to comply with electronically monitored sentences.
The fact he could have easily killed a pregnant woman might have caused him to feel remorse and want to engage in rehabilitation, but did not demonstrate insight, Justice Eaton said.
The sentence of imprisonment had not overlooked rehabilitation, as it included post-release conditions aimed at addressing those needs.
In dismissing the appeal, Justice Eaton noted Judge Walker had incorrectly applied a case law sentencing guideline, and could have imposed a sentence of 21 months’ prison.
