Diesel spill an accident “We’re all human”
A foreign worker involved in a car crash has been ordered to pay a fine for his carelessness.
Harry Philip Charles Bagshaw, 20, is a United Kingdom citizen who'd spent the last six months trucking in Methven.
On September 22, he was travelling on Dromore Methven road, driving a truck loaded with 100 litres of diesel.
Bagshaw collided with a vehicle after failing to stop at a stop sign, causing diesel to spill out onto the road.
“On my right, there was a ute, and I slammed on my brakes” he said in a written statement.
He pleaded guilty to the careless driving charge, which carries a maximum $3000 fine and a potential driving disqualification, if the court sees it reasonable.
Lawyer Paul Bradford said it was a terrible situation, but nothing more than an accident.
“It shouldn’t have happened, but unfortunately we’re all human.”
Magistrate Elder Robati took into account his youth and generally responsible character when deciding the verdict.
“I give you credit, you’ve got no previous convictions [in the UK] or in New Zealand.”
He also acknowledged that a disqualification, which is not mandatory for a first-time careless driving offence without injury, would impact Bagshaw’s job opportunities.
Bagshaw was convicted, and ordered to pay a fine of $350 and court costs.
Failing to give information
A man from Hampstead came to court for failing to share details with the police - for a second time.
Phillip Apache Grey, 44, has appeared for committing the same offense in September, magistrate Robati said.
He was stopped on October 1 after police saw him make an unsafe pass in Ashburton.
The summary of facts read that Grey had refused to give police his home address, but ended up providing those details when detained.
Lawyer Paul Bradford said Grey did provide that information eventually and simply didn’t know his physical address off by heart.
But Robati pointed out this wasn’t Grey’s first run-in with police.
“It was only last month he was convicted of the same offence.”
Grey now carries a copy of his details in his vehicle.
Robati convicted Grey and sentenced him to come up if called upon - he avoided a charge this time, but if he’s charged with something else in the next six months, this issue comes active again.
“If for whatever reason you’re back in court, this will be resurfaced.”
Disqualified driver on the road
Charles Peter Henry Brown, 21, was charged with driving while disqualified.
Brown was convicted in June for drink driving, and subsequently disqualified from holding a license for 7 months.
On September 18, he was stopped by police while driving through Methven.
Brown said he was going to pick up his sick girlfriend.
Lawyer Gretchen Hart said Brown realised the consequences would be severe.
“He accepts that he’ll attract a further disqualification, and can pay a fine.”
Magistrate Robati convicted Brown, and ordered him to pay a $450 fine, court costs, and was disqualified from driving for a further six months.
Drink driving in Ashburton
A Maronan woman with a clean record was caught drink driving in Ashburton.
Tanja Gazzola, 31, was clocked at a police checkpoint in Ashburton driving with 542 micrograms of breath alcohol.
The legal limit is 250 micrograms.
Lawyer Paul Bradford pointed out that this was Gazzola’s first offence, that she had an otherwise clean record, and was not observed driving dangerously.
Magistrate Robati convicted Gazzola, ordered her to pay a $542 fine plus court costs, and disqualified her from holding a license for six months.
Caught driving while disqualified
An Ashburton man in a complicated situation pleaded guilty for driving without a license.
Faavae Foaga, 46, appeared on a single charge of driving while disqualified.
He had been disqualified from holding a license for six months in February this year.
After those six months, Foago could only drive if he’d obtained a zero alcohol licence, and fitted an alcohol interlock device fitted to his vehicle.
Police spotted him driving seven months later - without an interlock fitted.
Lawyer Gretchen Hart said Foaga “had been financially challenged” and hadn’t been able to afford the interlock yet.
Magistrate Robati decided to adjourn matters so resubmissions from all parties could be heard.
Foaga was remanded on bail until his reappearance in early February.
Crossroad collision
A Rakaia man appeared to face careless driving charges in the Ashburton District Court.
Juan Paulo Alejandro Hilario, 39, pleaded guilty to two charges of careless driving causing injury.
He failed to give way at a crossroad and injured two separate people in a collision.
A third charge, which involved his wife, would be reviewed before his next hearing.
Lawyer Clare Yardley said Hilario was “obviously very upset” and embarrassed about his accident.
Magistrate Robati remanded him to reappear in mid-November.
Drink driving defendant had “burdens to bear”
A man from Netherby was caught driving with over double the legal limit of alcohol in his system.
Donald Ross Heney, 63, was stopped by police driving through Ashburton on October 2.
He blew a breath alcohol of 600 micrograms per litre - the legal limit is 250 - and told police he’d had a jug at the local RSA.
His lawyer said Heney “had a lot of burdens to bear,” in the lead up to the incident, with family passing away and responsibilities as a caregiver.
“I ask you, notwithstanding it’s his second [offence], that he be disqualified for the minimum period.”
Magistrate Robati understood the pressure Heney was under when deciding the verdict.
“I take into the account the hardships you’re going through with your family.”
Heney pleaded guilty and was convicted, fined $600 and was disqualified from holding a license for the minimum period of six months.
Options for redemption
A man from Netherby was given an opportunity to lessen the consequences of a charge.
Ashton Lea Cummings, 19, faced a charge of unlawful intimidation.
Magistrate Robati said Cummings' situation was “suitable for police diversion”, and asked to put the matter off so police could consult.
Cummings will reappear in court in mid-November, and has been remanded with bail conditions in the interim.
Breaches
Candice Joan Gordon, 35, was charged with breaching community work and supervision.
The Netherby women has had to appear on separate occasions for each charge, magistrate Robati noted.
“We’re going to put all these matters together for sentencing,” he said, acknowledging there was no reason for them to run separately and cost Gordon more time.
She was convicted and will reappear for sentencing in mid-November.
Failing to comply
A Christchurch woman was sentenced in the Ashburton District court, despite not making an appearance.
Michelle Bridget Dempsey, 52, was found guilty for failing to comply with police.
She was sentenced in absentia by magistrate Robati, who convicted her and ordered her to pay a $400 fine, as well as court costs to get the infringement notice delivered.
Non-appearances
Kate Helen Doig, 29, did not appear to face her suppression breach charge at the Ashburton District court.
Corrections told magistrate Robati that they sought a warrant for her arrest.
Robati issued an arrest warrant for the Lismore woman.
Jesse Hemi, 25, also failed to appear to face five charges of obtaining by deception.
Police asked for an arrest warrant to be issued for the Netherby resident, which magistrate Robati obliged.