Boy died after driver's deliberate wheel spins

Campbell Stewart

A man who killed a 9-year-old boy when he did wheel spins and then lost control of the vehicle has been sentenced to community work.

Robert Insoll, 22, appeared in the Rotorua District Court before Judge Phillip Cooper yesterday for sentencing on a charge of dangerous driving causing death.

The charge relates to an incident on December 27 last year near Atiamuri, when Auckland boy Campbell Stewart, 9, died. Campbell was a backseat passenger in a Toyota Surf which rolled along a grass verge.

Philip Morgan QC appeared in court for Insoll and said his client and his friend decided to go off-road driving on the day of the crash and took his friend's young cousin, Campbell, with them. Campbell was not wearing a seatbelt.

Insoll was a disqualified driver on the day of the crash. Mr Morgan said he was due to have his licence back on December 28 last year but had believed his disqualification ran out the day before.

While on Ongaroto Rd, Insoll started weaving his vehicle from side to side to make his rear wheels spin, losing control of the vehicle.

Mr Morgan said his client was very sorry for what he had done.

"He fully accepted that he was responsible for the accident and is very remorseful for the death of his friend's cousin," Mr Morgan said.

Mr Morgan said mitigating factors included his client's early guilty plea, his age being 21 at the time of the accident, his genuine remorse, his bid to make amends by offering to make a financial contribution to Campbell's family and "do anything if he would think it would help the family of [Campbell] to grieve".

While accepting the mitigating factors, Crown solicitor Fletcher Pilditch said there were aggravating factors, including the fact Campbell died and that Insoll had deliberately caused the wheels to spin. He accepted Insoll believed his disqualification had ended but said Insoll had chosen to drive that way.

Judge Cooper said Insoll had two previous convictions for drunk driving but no previous convictions for serious dangerous driving. He accepted all mitigating factors and said jailing Insoll was not an appropriate sentence.

Judge Cooper sentenced Insoll to 300 hours' community work and disqualified him from driving for two years. He ordered him to pay reparation of $26,500, including $6360 direct costs suffered by Campbell's parents and more than $20,000 for emotional harm suffered.

- DAILY POST (ROTORUA)