The mother of a Dunedin man killed in a fatal trailer fall told the man convicted of his manslaughter that her only son’s death “haunts me every day”.
Andrew Jayden Mercer, 32, appeared before Justice Lisa Preston in the High Court at Dunedin today, where he was jailed for the manslaughter of his partner, Robert Douglas Ralston, also 32.
Mercer previously pleaded guilty to manslaughter and refusing to undergo a compulsory impairment test in August after the death of Ralston, who suffered critical head injuries when he fell from a moving trailer on March 29.
Before delivering her sentence, Justice Preston addressed the public gallery that was filled with friends and family of both the defendant and the victim.
“I recognise that sentencing today can never make amends for your loss and no sentence the court can impose can begin to reflect the loss of a deeply loved son, lost family member and friend,” she said.
“I acknowledge too that today is a very difficult day for everyone in court, including the family of Mr Mercer.”
Ralston’s mother, Linda, delivered a victim impact statement to the court, saying that her son was “a caring guy, who had problems at times, but loved his family, his dogs, and his friends”.
Mercer sobbed throughout the court proceedings.
“Rob was only 32, he never got to live his full life ... Since his passing, I have been devastated, haven’t been able to sleep,” his mother said.
“When Rob was in the ICU, I sat there for days hoping that there would be any small improvement. As the days went by, it got harder to sit and watch my son starting to fade. An ICU doctor told me that his family needed to talk about his future.
“We made the decision to turn off life support and let him pass. It was the hardest decision I’ve ever made, and it haunts me every day. No parent should have to do that. Rob was my only child.”
Since his death, she had had to rescue her son’s dogs, who had since been mistreated by someone else.
“Andrew needs to be made accountable and be responsible for taking Rob’s life,” she said.
“Rob was precious ... He was my only child. I miss him every day.”
Ralston’s aunt also addressed the court.
“Rob didn’t need to die. This wasn’t an accident; it didn’t need to happen. Rob should be here today. Our lives are shattered,” she said.
“I remember those times at the hospital with Rob, who was there but not there. Can you begin to imagine how that felt?”
A cousin of Ralston’s addressed the court, saying: “No family should have to bear such the weight of a loss caused by someone else’s reckless choices.”
Crown prosecutor Richard Smith acknowledged the victims and their impact statements.
He told the court that manslaughter sentencing was often the most difficult, and almost always the result of “the tragic loss of a loved one”.
He suggested a starting point of four and a half to five years’ imprisonment based on the combined aggravating features of Mercer’s consumption of drugs, his refusal to undergo an impairment test, his aggressive driving, and a history of previous convictions.
Mercer was on a learner’s driving licence at the time of the incident.
His lawyer, Sarah Saunderson-Warner, said that, while her client was charged with refusing to undergo an impairment test, he had readily admitted to arresting officers that he had consumed methamphetamine.
She said mitigating factors should relate to his guilty plea, which “reflected true acceptance of responsibility for the offending”.
He had also made an offer of emotional harm reparation, which had not been accepted by the victim’s family.
Saunderson-Warner submitted that a sentence of home detention would be appropriate.
Addressing Mercer, Justice Preston said the charge of manslaughter reflected that he never intended to take his partner’s life, and she accepted his anguish and remorse were genuine.
“I do not question that you were extremely stressed and traumatised after this tragic incident.”
She sentenced Mercer to two years and 10 months’ imprisonment on the charge of manslaughter.
On the charge of refusing to undergo an impairment test, he was jailed for two months, to be served concurrently.
He would be disqualified from driving for two years when he was freed from prison.
Mercer’s family sobbed and told him they loved him as he was led from the court.
The sentence was the result of various discounts applied to a starting point of four years and three months’ imprisonment.
In her sentencing remarks, Justice Preston said Ralston’s death occurred after an argument between the pair at a Turnbull St address in March.
The conflict escalated, and Mercer initially drove off before returning with a trailer loaded with firewood.
After further conflict, Ralston climbed on to the trailer’s drawbar and held on to the cage as Mercer drove out of Turnbull St and on to Brockville Rd.
“There was smoke as a tyre on the trailer burst.”
Ralston remained clinging to the trailer for about 100m before jumping to the road.
“You saw Mr Ralston jump off the trailer, and stopped the car while members of the public assisted Ralston. You were very upset at the scene of the accident.”
Ralston had brain surgery but never regained consciousness. He died in hospital on April 15 at 3.28am after his life support was switched off.
Earlier proceedings saw a charge of reckless driving causing injury dropped, and the Crown offered no evidence on a further charge of failing to comply with computer search obligations.
Mercer had been remanded on bail since his guilty plea in August because of the seriousness of his psychological condition.
He had been experiencing severe PTSD, nightmares, suicidal ideation, persistent anxiety, and low mood. He continued to have trauma-focused medical care.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.