A Tauranga man who fell asleep at the wheel of his vehicle, resulting in a fatal smash, has been told his actions "caused a world-sized, 24/7 heartache for a lot of people that don't deserve it".
After a defended hearing last month, John Graham Sankey, 47, company manager, was convicted of
careless driving causing the death of Matua father Richard Levis.
The crash occurred just after 3pm on May 10 last year on State Highway 29, near the Belk Rd intersection.
Sankey's vehicle drifted into the path of Mr Levis' vehicle, which went through a fence and down a small bank before landing nose-down, partially submerged in a stream. Mr Levis, 22, died at the scene.
Mr Levis' 15-month-old daughter, Makenzie, was pulled from the vehicle by two passersby.
Sankey's counsel, Trever Leigh, had argued that defence evidence, including conflicting witness reports, did not rule out the possibility it was Mr Levis who crossed to the incorrect side of the road and Sankey was taking evasive action to try to avoid a collision.
But Judge Peter Rollo ruled he was satisfied the prosecution had proved its case. Reliable evidence had shown Sankey's vehicle drifted into the path of Mr Levis' vehicle, and because he was fatigued, Sankey must have momentarily fallen asleep.
Mr Levis' mother, Sharon Denfield, sister Evelyn, and grandfather Trevor Levis read victim-impact statements to the Tauranga District Court yesterday.
Mrs Denfield said it was impossible to describe how it felt to lose a child.
"It leaves a hole in your life that you can bandage so it stops bleeding but it doesn't really heal."
She said no one was claiming Sankey set out to harm her son, but by refusing to admit he was at fault, it had added trauma to their lives. "I want Mr Sankey to understand, even if just a little, what kind of person his momentary loss of control has taken away.
"I want him to pay some penalty for the damage he has caused.
"A penalty in keeping with his loss of control of a lethal weapon that caused the death of very fine young man, quietly going about his business of being a son, grandson, brother, father, friend and caused a world-sized, 24/7 heartache for a lot of people who don't deserve it," Mrs Denfield said.
Judge Rollo said there were no guarantees in life when people went out on to the road.
"We all run the risk of extreme danger, especially when you factor in the human condition, road condition and luck, perhaps.
"On this day, tragically, Mr Levis' luck ran out," he said.
The court heard that Sankey's wife and daughters were sleeping in the van as they headed home from a church meeting when Sankey also momentarily dropped off to sleep and drifted out of his lane.
Judge Rollo said Sankey's driving fell below that required of a responsible, prudent driver, and ordered Sankey to pay $5000 reparation to Mr Levis' former partner, Nicola Owens, as trustee for the pair's daughter, and $2500 each to Mrs Denfield and Mr Levis snr and his wife.
Sankey was disqualified from driving for 10 months.
A Tauranga man who fell asleep at the wheel of his vehicle, resulting in a fatal smash, has been told his actions "caused a world-sized, 24/7 heartache for a lot of people that don't deserve it".
After a defended hearing last month, John Graham Sankey, 47, company manager, was convicted of
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