A Tauranga drink-driver has been sentenced to home detention after accidentally killing his friend by running him over. Photo / NZME
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Pi Paora Paraha had the best intentions when he went looking for his mate who was missing from a party in the early hours of the morning.
He’d been drinking but he was worried for Raymond Wharekawa’s health so he set off on foot, looking nearby for any sign of his 28-year-old mate.
When he couldn’t find him Paraha made what would turn out to be a deadly decision – he climbed into his car despite being well over the limit.
Soon after the 30-year-old collided with Wharekawa, who was lying in the middle of the road, dragging him about 20m before crashing into a fence.
What started as a genuine attempt to do something good ended up with tragic consequences.
Wharekawa died at the scene.
“His mental health, his life, everything has changed because of that particular night,” his lawyer Maria Mortimer told the court recently as Paraha was sentenced on a charge of driving with excess breath alcohol causing death.
“His actions that night as he went out were not that of a joyrider. The only reason he left that night and made that erroneous decision was to try to find his friend, who he was concerned about.
“Whether this is a matter for community detention or home detention, this will make no difference to the sentence Mr Paraha will be dealing with for the rest of his life.”
Paraha was sentenced to home detention after appearing in the Tauranga District Court in January.
The court heard how the men were drinking with friends at a Waihī property when Wharekawa went missing in the early hours of June 29, 2019.
Within 10 minutes, Paraha had noticed he was missing and was worried about his wellbeing.
After searching briefly on foot, an intoxicated Paraha drove his vehicle on the roads near the property in search of his friend.
Paraha began to drive along the wrong side of George St. He collided with Wharekawa.
“The deceased was in an intoxicated state. It’s believed he lay down in the middle of the road,” Tauranga District Court Judge Louis Bidois said.
Paraha then crashed his vehicle into a nearby property, before immediately rushing on foot back to the property where the gathering was held.
Realising the gravity of the situation, Paraha shortly returned to the scene of the collision. He identified himself to a police officer and admitted to the accident – albeit lying, by saying the victim “ran out in front of me.”
Paraha that morning blew a breath alcohol level of 734 micrograms per litre of breath – close to triple the legal limit.
George St was closed for a number of days after the incident, while police conducted what was initially a homicide investigation.
Paraha was eventually charged with driving with excess breath alcohol causing death, pleading guilty.
In a report from Auckland University Professor Richard Lambert provided to the court, it was stated unintentional blindness was a likely contributor to the run-over, not aided by poor lighting and low visual contrast between the victim and the colour of the road.
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The Crown submitted that a sentence of imprisonment was appropriate for the offence, but after consideration of Paraha’s remorse and early guilty plea, the crown decided it wouldn’t oppose a sentence of home detention.
The Crown submitted a starting point of two years and six months would be appropriate, while the defence submitted a starting point between 18 months and two years was suitable.
The judge began with a starting point of 21 months’ imprisonment. However, a number of mitigating factors also came into play including a 50 per cent sentence discount for, on a totality basis, a guilty plea, genuine remorse, and participation in restorative justice.
Judge Bidois also acknowledged this was Paraha’s first time before the courts, something Bidois said he didn’t “see very much of”.
“You’re remorseful, you’re deeply sorry, and you’ve suffered trauma from the event – that is real.
“But it was a deliberate decision to drive, and you drove on the wrong side of the road.”
With a prison sentence under two years, the judge was required to consider a sentence of home detention in place of prison, if appropriate.
Judge Bidois sentenced Paraha to a period of five months and 15 days’ home detention after a number of discounts.
An additional six month post-detention period was also put in place, with special conditions Paraha must adhere to.
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