A woman who fatally ran over her former partner following a tense night of recovering her property from his West Auckland home was acting in “excessive self-defence”, her lawyer suggested today as she was sentenced to prison for manslaughter.
But any such claim would need to be significantly tempered by Elizabeth Lynn Smith’s grossly disproportionate response, prosecutors countered.
Justice Grant Powell appeared to agree, to an extent, with both sides in the High Court at Auckland today as he ordered a sentence of four-and-a-half years’ imprisonment for the 41-year-old.
Victim Dean Fifield, 48, may have been acting aggressively towards Smith’s friends as he cracked the windscreen of their car, but they were safely inside their vehicle with the doors locked and armed with a bat, the judge noted, adding that Fifield was particularly vulnerable because he had his back to Smith’s own car.
“He was simply unaware of the danger and unable to take any avoiding action,” Justice Powell said, describing Smith’s Mazda Axela as “a large, unforgiving and formidable weapon”.
Smith was initially charged with murder following Fifield’s death outside his home in June last year. She had been set to go to trial next week but instead pleaded guilty last month to the lesser charge.
Smith and Fifield had previously lived together at the Moire Rd address in Massey. When she left the relationship, some property was left behind which she wanted back, court documents state.
The defendant tried to get assistance from police after Fifield initially ignored her requests, but police were not responsive, the court was told today.
In affidavits filed to the court, two friends of Smith said she told them that if she didn’t contact them by 9pm that night something had gone wrong. They got worried and went to Fifield’s home to check on her around 11pm and found the two talking inside the house, the court was told.
“Mr Fifield does not appear to have been happy at this development,” Justice Powell said.
Nevertheless, a trunk belonging to Smith was recovered from the home with the help of her friend and placed in the boot of her car.
Just as Smith and her friends were preparing to drive away in their separate cars, “Mr Fifield emerged from his house to confront you all”, the judge pointed out. That’s when he hit the windscreen of the defendant’s friends’ vehicle.
Smith then drove out of the driveway and directly into Fifield.
“Ms Smith’s vehicle struck Mr Fifield, which propelled him onto the bonnet initially before he fell under the front of Ms Smith’s vehicle,” the agreed summary of facts states. “Ms Smith continued driving a short distance with Mr Fifield wedged underneath her vehicle.
“Mr Fifield was trapped under the vehicle when it came to a stop on Moire Rd.”
Fifield was pronounced dead at the scene, after emergency responders took measures to lift the car off him.
Fifield’s family described him today as a loving father of three and a volunteer firefighter who took a keen interest in fitness.
“If I could just hear one of his dad jokes one more time,” said his daughter, who described having grief as a constant companion over the past year. “If I could just hear his laugh one more time.”
Family members expressed “profound disappointment” at police and prosecutors for the way the case was handled, as well as frustration with the media.
“I have no faith left in a system that failed my father,” Fifield’s daughter said.
Justice Powell acknowledged the “understandably devastating impact” of Fifield’s death on his friends and family and expressed hope that the sentencing hearing would help to provide some closure.
He ordered a starting point of six-and-a-half years’ imprisonment but reduced it by six months to account for Fifield’s behaviour that night that contributed to the “sustained period of tension” and the minor provocation caused by his attack on the other vehicle.
He then allowed the sentence to be reduced by 20% for Smith’s guilty plea and 5% for her background - including a history of methamphetamine abuse, poor relationship choices and housing instability that would have made getting her property back especially important to her.
Defence lawyer Jonathan Hudson had asked for a 10% background discount while Crown prosecutor Brett Tantrum argued she should receive none due to a lack of relevance to Smith’s actions that night.
The judge declined a discount for remorse, which she expressed during a pre-sentencing interview and in a letter to the judge. But she appeared to minimise her actions rather than showing genuine remorse, the Crown argued.
In addition to the four years and six months’ sentence, the judge ordered that Smith serve at least half of the sentence before she can begin to apply for parole and that she be disqualified from driving for two years after her eventual release.
The defence had argued against a minimum period, but without it she would be eligible to begin applying for parole after 18 months, the judge noted, describing that period as “manifestly inadequate” and “insufficient to hold you accountable for the harm you have done”.
Smith, wearing matching grey sweatpants and jumper, leaned back in her chair with her arms crossed through most of the hearing. She briefly waved to family as she was escorted from the dock to begin serving her sentence.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
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