A drink-driver who crashed while speeding, killing his nephew and injuring another passenger has been sentenced to 10 months home detention.

In her view, the case was a rare exception to the general rule that offending of this type must always be met with imprisonment, Judge Bayley said, in the sentencing at Whangārei District Court.

She disqualified Camron Te Tauwira Muriwai, 28, from driving for a year and a day to be followed by alcohol interlock and zero-alcohol driving provisions.

Muriwai was a first-time offender when he drove while three and a half times over the legal alcohol level in the early hours of November 23, 2020.

Driving at speeds between 67 and 73kms per hour on Whangarei’s 50km-zoned Maunu Road, Muriwai lost control of the vehicle, which slid across two traffic islands before crashing into a power pole.

His nephew 18-year-old Stacey Fox Graham Sadlier, who was in a back passenger seat and not wearing a seatbelt, died of catastrophic head injuries at the scene.

Their friend Mana Ashby, 26, was in the front seat and survived but suffered serious injuries, including a haemorrhage between his skull and his brain.

Muriwai was also injured, suffering a traumatic brain injury for which he will need ongoing therapy. Tested at hospital, he was found to have a blood-alcohol level of 178mgs.

In victim impact statements prepared for Muriwai’s sentencing in Whangārei District Court, Ashby said he could no longer work because of his injuries. He too had been blamed for Stacey’s death and was working towards regaining his family’s trust.

Stacey’s father (Muriwai’s brother) spoke of his heartbreaking grief.

Judge Taryn Bayley said there were several family hui (meetings) to discuss what had happened. Muriwai’s whanau said he had a good and caring heart but had made “a terrible, terrible decision” to drive.

Muriwai’s father Camron Muriwai senior, a JP who holds other positions of standing in the local community and is also training to be a Catholic deacon, addressed the court.

He said Stacey’s death was another toll on the family after the death of their daughter Esther-Jordan in 2014 from a respiratory illness (Bronchiectasis).

He and his wife had legal guardianship of Stacey and had raised him from an infant wanting to give him a better environment to grow up in because of the alcohol and drugs in his own family’s space.

It was a time when they perhaps should have been concentrating on raising the last of their children – Camron junior.

“We are not a perfect family… but we have tried to instil into our children, into our household, the value of family and unconditional love for each other.

“As Stacey’s grandparents it’s difficult to fathom at times that everything we tried hard to protect him from took his life – alcohol and drugs,” Muriwai senior said.

He said Camron was an “honorable” son to them. He had worked diligently at school becoming Head Boy of Tikipunga High School and taking on other leadership roles.

Camron and Stacey were like brothers and Stacey often looked to him for guidance ahead of anyone else, Muriwai senior said.

The family had a rule that if you drink, you don’t get in a vehicle. Their children were told they could phone anytime for a lift home. Camron junior had always stayed true to that so they were not sure what changed ahead of the crash.

It was a question he now left for God, Muriwai senior said.

The family wanted Camron junior to go on with his life based on the principles they had instilled in him, to honour the gift of life and make positive changes that brought integrity to him, the family, and the community because by doing that he would be honouring Stacey too, Muriwai senior said.

Counsel Sam Wimsett said Muriwai was told by his family later in hospital what he had done and it hit him hard.

He pleaded guilty immediately after psychiatrists found him fit to do so.

He was hugely remorseful.

There was “no sugar-coating the awfulness and unlawfulness” of what happened and he would not try to excuse it, Wimsett said. But he urged the court to focus on Muriwai’s rehabilitation and keep him with his family.

Prosecutor Mike Smith spoke about the cost to the wider community of this type of offending.

He said starting points for it were nothing but imprisonment and while not impossible, a community-based sentence would have to be an exception.

He recognised the court’s difficult task in balancing an offender’s personal circumstances and prospects of rehabilitation with the community’s concern about drivers who kill others.

Judge Taryn Bayley noted the Crown and Wimsett suggested similar sentencing starting points. Assessing aggravating features, she adopted the three-and-a-half-year prison term suggested by Wimsett.

She gave discounts totalling 50 per cent – a full 25 per cent for pleas, 10 per cent for remorse, and 15 per cent for prior good character and prospects of rehabilitation.