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'The end result is out of all magnitude': Driver's carelessness claims motorcyclist's life

Author
Shannon Pitman,
Publish Date
Mon, 11 Nov 2024, 3:45pm
Paenga August Lloyd was recently sentenced in the Whangārei District Court for careless use of a vehicle causing death. Photo / Sarah Curtis
Paenga August Lloyd was recently sentenced in the Whangārei District Court for careless use of a vehicle causing death. Photo / Sarah Curtis

'The end result is out of all magnitude': Driver's carelessness claims motorcyclist's life

Author
Shannon Pitman,
Publish Date
Mon, 11 Nov 2024, 3:45pm

A moment of carelessness pulling out of a driveway tragically ended the life of a man out enjoying a Sunday afternoon motorbike ride with his brother.

“Carelessness is not dangerous or recklessness, unfortunately, it is the end result that is out of all magnitude,” the judge said at the sentencing of Whangārei man Paenga August Lloyd.

Lloyd, in his 70s, was initially charged with dangerous driving causing death after an incident on Matapouri Rd, Whangārei in 2022.

He pleaded not guilty to the charge and on the morning of the judge-alone trial in August this year, the charge was downgraded to careless driving causing death, to which Lloyd pleaded guilty.

The court heard that about 12.30pm on July 3, 2022, Lloyd was going to a neighbour’s place to pick up pig food.

As he pulled his ute out of the driveway to turn left, he failed to see 65-year-old Christopher John Havercort, who was riding a motorbike coming from his right.

Haverkort, an experienced bike rider, was riding ahead of his brother when he collided with Lloyd. He died at the scene.

At sentencing on Friday, Judge Greg Davis highlighted that visibility was an issue and Lloyd had to “almost put your nose out on the road to get a clear view of the road”.

“Careless driving causing death is probably the hardest sentencing to undertake and that’s because what the judge has to do is assess the culpability of the offending,” Judge Davis said.

“This is one of those situations it’s important to emphasise carelessness. Carelessness is not dangerous or reckless, unfortunately, it is the end result [the death of a person] that is out of all magnitude.”

Judge Davis said there were no aggravating features involved such as alcohol or speed but whatever penalty the court imposed would not bring back the deceased.

Lloyd had a large crowd of supporters at the sentencing, which the victim’s family did not attend – to which Judge Davis commented that they were not looking for blood or revenge.

Lloyd was sentenced to 150 hours of community work, disqualified from driving and ordered to pay emotional harm reparation of $8000 within seven days.

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.

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