A man who accidentally ran over and killed his partner on Christmas Day 2021 has had his sentence of a little over two years imprisonment quashed on appeal.

Marcellin Siliai, 29, will instead serve six months home detention for killing Charlotte Tyrell, the mother of six of his seven children.

Tyrell was trying to stop him driving off and fell under his ute as he pulled away.

Siliai’s appeal against his sentence for dangerous driving causing death was heard on Tuesday at the Auckland High Court at a hearing before Justice Peter Andrew.

In his written decision released on Friday, Justice Andrew said the prison sentence was manifestly excessive.

Family and supporters of Tyrell and Siliai sat on either side of the public gallery.

His lawyer Cameron Fraser argued Judge Evangelos Thomas made multiple errors in sentencing Siliai to two years, four months imprisonment in the Auckland District Court in January.

Fraser said Judge Thomas placed too much weight on disputed facts not accepted by Siliai regarding the prevalence of violence in their relationship.

While he accepted their relationship had issues involving aggression, infidelity and intoxication, he appeared not to accept specific allegations that he inflicted a pattern of violence on her that emerged after her death.

“He acknowledged he was not the perfect partner to her,” he said.

“He wished he could have done better by her. He does not accept those specific allegations that were made.

“It’s not with relish that we’ve brought this appeal”, Fraser said.

Fraser also argued Judge Thomas erred by adopting a starting point too high in comparison with similar cases, and that insufficient discounts were given for mitigating factors, including his remorse and willingness to offer an apology.

Marcellin Siliai in the dock during his sentencing in the Auckland District Court on January 20, 2023, after admitting a charge of dangerous driving causing death. Photo / George Block

“In this case there were really no aggravating factors,” he said.

“It was a tragic accident. He didn’t intend for this to happen.”

Fraser said a short term of imprisonment “serves no useful purpose here” and home detention would allow him to continue to maintain contact with his children.

“It’s been shown to be the least effective outcome in promoting rehabilitation because it puts the defendant in an anti-social environment,” he said.

Justice Andrew found Judge Thomas did not make an error in adopting a starting point of three-and-a-half years before adding a discount of 25 percent for Siliai’s guilty plea.

However, Justice Andrew found the additional discount of 8 per cent for all mitigating factors was insufficient.

He said that in addition to the 25 per cent guilty plea discount, Siliai should receive 10 per cent for remorse, 5 per cent for previous good character and 5 per cent for cultural factors.

A cultural report presented to the court said that within migrant Samoan families, cultural taboos mean young people are often left to learn how to manage relationship issues alone.

Siliai provided an apology to the victim’s family at sentencing. His family had also performed an ifoga for Tyrell’s family, a traditional Samoan apology offered under extreme circumstances.

The total 45 per cent discount reduced the sentence under the two-year point where home detention becomes a possible substitute.

“I am satisfied that this is a case where a sentence of home detention will properly satisfy the sentencing principles of deterrence and denunciation, as well as holding Mr Siliai accountable for his offending,” Justice Andrew said.

Justice Andrew further reduced the initial 12 month home detention by six months to allow for the three months Siliai has already served in prison

Christmas Day nightmare

Tyrrell’s parents, who are now caring for the children, read tearful victim impact statements before a packed public gallery in the Auckland District Court at his sentencing in January.

They and other family members described Tyrrell as a hard-working and much-loved mum who supported her young family.

“I am still making the lunches for her children every morning, and bringing them to school, but she is no longer here,” her father John Tyrrell said.

“I miss my daughter … she was a constant in my life.”

Tyrrell said he arrived to see his daughter’s lifeless body illuminated by the lights of police cars on the road, covered by a blanket.

He remained at the scene all night with other family members.

A neighbour told him she had comforted his daughter as she lay dying.

The High Court has found Judge Evangelos Thomas erred in not giving Siliai enough discounts. Photo / Sam Hurley

“After listening to the neighbour, I had some reassurance that Charlotte was not in a lot of pain. She was not alone.”

Late on Christmas Day 2021, Tyrrell had been drinking at Siliai’s home in Rosamund Ave, New Windsor, with his extended family, according to the summary of facts.

Siliai returned home after visiting a child he has to an ex-partner.

Under the mistaken impression no one had seen him arrive, he decided to get cigarettes before joining his family.

At some stage, Tyrrell saw Siliai and followed him to his car.

As Siliai started the car, and began to accelerate, Tyrrell ran to the front of the vehicle to try and make him stop.

Tyrrell accused him of planning to head back to his ex-partner’s house and the couple got into a shouting match. Tyrrell put her hands through the top of the driver’s side window to try and force it down. Siliai drove the car forward to dislodge her, but stopped shortly after.

She reached for the keys in the ignition and Siliai drove forward again.

When he accelerated she fell on to the road, under the vehicle and Tyrrell was run over by the rear driver’s side tyre.

Siliai stopped and tried to help her but she died on the road shortly after.

“What was meant to be a happy, family-filled day ended in our worst nightmare,” Tyrrell’s family earlier told the Herald.

“She was loved by many and even though she was only 28, her network reached far and wide, with many friends and people who knew her.

“She was outgoing, funny, kind and protective of those she loved. She has left a hole in our hearts and lives that we don’t know how we will fill.”