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Home / Northern Advocate

Death crash puts learner driver in jail

Glen Prentice
Northern Advocate·
13 Sep, 2007 06:00 AM3 mins to read

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Shyloh Malcolm was young, vibrant and had her whole life ahead of her.
But the Whangarei teenager's life ended when her boyfriend, Nicholas Pukeroa, decided to drink and drive.
On October 28 last year she was a passenger in a car driven by Pukeroa that crashed into a bank beside Ocean Beach
Rd. She was thrown through the windscreen and died at the scene.
Pukeroa, 21, had a learner licence. He had been drinking that day - ignoring warnings from his brother not to get behind the wheel - and neither he nor Shyloh were wearing seatbelts when the car crashed.
Pukeroa had earlier pleaded guilty to dangerous driving causing Shyloh's death and also to driving with excess blood-alcohol and was sentenced in the Whangarei District Court yesterday to two years, four months in jail.
The court had heard Shyloh and Pukeroa were at Ocean Beach about 2.30pm on October 28. They were drinking alcohol and were joined by Pukeroa's brother, his girlfriend and a female friend of Shyloh's.
At one point Shyloh's friend had told Pukeroa's brother he should drive the car, but Pukeroa had insisted he was fine.
Shyloh's friend had again protested at the prospect of Pukeroa driving and Pukeroa was told by his brother he shouldn't get behind the wheel.
But he ignored that advice and drove off at speed toward Whangarei.
Approaching Urquharts Bay, Pukeroa had lost control of the car. He crossed the centre line and crashed into a bank on the opposite side of the road.
Shyloh was thrown 10m through the windscreen.
In court yesterday, Crown prosecutor Alice Hyndman said the tragedy could have been prevented had Pukeroa heeded warnings given to him. Pukeroa had admitted drinking spirits over several hours and reaching speeds estimated at between 110km/h and 160km/h in a vehicle that did not have a warrant of fitness.
She said his action placed him in the most serious category for dangerous driving causing death.
Defence lawyer Arthur Fairley told the court Pukeroa wished to publicly apologise for his actions and was remorseful for what he had done.
Pukeroa had not disputed the police account of events and had pleaded guilty at the earliest stage.
His client did not have any previous convictions and while he had been foolish to have driven after drinking he had not been significantly over the legal limit.
His blood-alcohol level had been 97 milligrams per 100 millilitres of blood. The legal limit is 80.
Judge Keith de Ridder said nothing he did would ease the pain and suffering Miss Malcolm's family was experiencing.
Pukeroa's judgement "went out the window" on the day in question and the judge said it appeared he had been racing.
Judge de Ridder said the case warranted a 3-year starting point but he agreed to reduce that by a third to reflect Pukeroa's guilty plea, resulting in a final sentence of two years and four months. He also disqualified Pukeroa from driving for two years.

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