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Home / Hawkes Bay Today

Partygoer who drove into house sentenced in Dannevirke District Court

Hawkes Bay Today
30 Apr, 2019 06:45 PM3 mins to read

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A drink driver who injured three people after driving into a house was sentenced in Dannevirke District Court on Monday. Photo / File

A drink driver who injured three people after driving into a house was sentenced in Dannevirke District Court on Monday. Photo / File

A drink driver who injured three people after driving into the house they were in was sentenced in the Dannevirke District Court on Monday.

Cody Jeffrey Barrett, 28, was in court on three charges of driving with excess breath alcohol causing injury. His breath-alcohol reading was 1057.

Judge Jim Large told the court that on January 30 last year Barrett had been at a party at a flat on Dannevirke's High St. He was asked to leave and was driven home.

Once at home he got into his vehicle and drove back to the party, driving into the flat through a sliding glass door.

Jude Large said the three people injured were either hit by the vehicle or by the damaged glass door and debris.

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"One of the injured was temporarily pinned by the vehicle and had to be freed by others while another was pinned under kitchen debris."

The injuries suffered were lacerations, grazing and bruising.

Judge Large said at the time Barrett told police his foot had gone to the accelerator rather than the brake.

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Barrett's defence counsel, Nicola Graham, said there were mitigating factors. Barrett had remained out of trouble since the incident and had been pro-active in contacting her. He was keen to undertake restorative justice but that had not happened.

"If restorative justice had taken place then reparation for emotional harm could have been looked at, but it appeared the victims didn't want that."

She said in fact Barrett had been assaulted by one of the victims after the incident and had suffered considerable injuries.

"The victims felt they had dealt with the matter."

Judge Large said in considering sentencing a term of imprisonment was a starting point.

"But 16 months down the track you have been in no trouble. You have been able to prove that you can continue to live in society offending free, you have good employment and a good, stable home. You showed a willingness to meet the victims."

He said a jail term would result in Barrett losing his job.

"We should be supporting as many people as we can to stay in employment."

Judge Large took these mitigating factors into account.

"I will impose a term of community detention, but it has to be a serious amount of time."

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He said Barrett would be able to continue to work.

"There was a certain amount of summary justice meted out at the time, but I have nothing about that in front of me so I can't take that into consideration. However, it was not the function of the victims to dispense justice."

Barrett was sentenced to five months community detention to an address in Dannevirke with a curfew from 7pm to 5am seven days a weeks, starting immediately. He was disqualified from driving for 15 months.

Judge Large said at the end of the 15 months under the Interlock provisions, the only licence Barrett will be able to obtain will be a zero alcohol licence.

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