Tracey Castle has been found guilty of intentionally driving her vehicle into Sarahphine Hoyle, leaving her with extensive injuries requiring multiple surgeries. Video / Supplied
A woman involved in a late-night brawl on a city street got into her ute and drove towards the group she’d been fighting with before ploughing into a woman and crushing her against a concrete wall.
But while Tracey Lee Castle, who was behind the wheel, accepts she seriouslyhurt Saraphine Hoyle and should be punished, she maintains she did not intend to harm her.
Following the September 3, 2023, incident, Castle unsuccessfully defended charges of wounding with intent to cause grievous bodily harm and threatening to kill at a judge-alone trial before Judge Russell Collins in New Plymouth District Court in March.
Several other charges laid against Castle relating to the incident were withdrawn.
The incident left Hoyle, now 25, with significant injuries to her hips and ankle. It took her six months to relearn to walk, and she still struggles with mobility and pain.
She has had multiple surgeries, with more to come, and spent more than three months away from her young daughter while in hospital.
In her victim impact statement read to the court, Hoyle spoke of the toll the incident had taken on her – physically, emotionally and financially.
She said it had also significantly affected her daughter and her family, who have supported her through her recovery.
Tracey Lee Castle was sentenced in New Plymouth District Court today for running down Sarahphine Hoyle in September 2023.
Hoyle did not believe she would ever get justice for what they had endured.
“Although Castle may be sentenced to prison for what she has done to me, for what I have to live through, and thank God I lived, I feel there would never be justice in the world to cover my pain, injuries and trauma, caused to not only me but my daughter as she has had to watch me live through all of this.
“But it will be some sort of comfort to know that she will finally be held somewhat accountable.”
Crown prosecutor Rebekah Hicklin submitted a starting point of six years’ imprisonment was appropriate, raising the extreme violence, use of a weapon, drink-driving, the threat made by Castle, and grievous injury as aggravating factors.
Hicklin said that despite the offending being found to be deliberate, Castle still has not taken responsibility.
She said a presentence report noted she continued to deny it was intentional.
Defence lawyer Julian Hannam argued for a starting point of three years and six months and said Castle was truly sorry for what occurred.
He submitted Castle should receive credit for her remorse and also to recognise Hoyle’s provocation.
Judge Collins accepted Castle was remorseful, but not that there was provocation involved.
Sarahphine Hoyle's pelvic area and ankle were crushed in the incident. Photo / Supplied
“I have no doubt that on the night, in a rage, impaired by alcohol, with the motive that you had, you formed a fleeting intention to cause Ms Hoyle really serious harm, and that’s what you did,” he told Castle.
“The difficulty with the whole process since is your inability to come to terms with that’s what you intended.
“And you formed that intent instantly, it was momentary, and you’ve forever since regretted it.”
On the provocation, Judge Collins said Castle had instigated the altercation, then found herself worse off.
Even if it was a situation where Castle had been provoked, the judge said he still would not allow a discount because her reaction was disproportionate to “whatever provocation there may have been”.
The judge took a starting point of five years’ imprisonment before giving credit for her remorse and the impact her sentence would have on her children, resulting in a prison term of four years.
He also ordered Castle to pay Hoyle reparation of $4464 and disqualified her from driving for one year and one day.
‘The necessary intent at the critical time’
At the trial, Judge Collins heard it was around 2.30am when Castle stopped at the Liardet St and Devon St East traffic lights in central New Plymouth and began yelling through the window at a young man on the street, who was with a young woman.
Castle eventually got out of her Nissan Navara, leaving it running at the intersection, and confronted him about allegedly drugging someone she knew at an earlier party.
She said she wanted to make sure the woman was okay and to warn her against the man, who has permanent name suppression.
Tracey Lee Castle drove her ute into Sarahphine Hoyle on Liardet St in New Plymouth. Photo / NZ Police
But the confrontation, which turned physical, did not go in her favour as the then 38-year-old, who directed violence at Hoyle, was in the end defeated.
Hoyle had seen the man, her friend, arguing with Castle and ran to him to prevent matters from escalating.
After being shoved around by Castle, Hoyle told the court she “fought back” and “pummelled” Castle.
Castle retreated to her ute, bleeding, and performed a three-point turn. She accelerated and ploughed into Hoyle, pinning the young mother to the concrete wall and crushing her pelvic area and ankle in the process.
A friend of Hoyle’s laid into Castle, attacking her, while Hoyle was picked up from the ground and moved away from the ute, and others phoned emergency services seeking help.
After the incident, Castle described herself to police as “seeing red” and being “so angry and so worked up” at the time.
However, she later back-pedalled on that part of her statement.
Castle gave evidence at trial, during which she said she did not recall feeling angry after the fight and could not remember her interview with police.
Sarahphine Hoyle's pelvic area and ankle were crushed in the incident. Photo / Supplied
She did recall, however, being “annoyed” by the “group jumping”.
“If you’ve got a problem with me, fine, but you come at me one-on-one,” she said.
Castle said she could not recall threatening Hoyle.
She said she did not intend to drive on to the footpath or to hurt Hoyle, who was considered the main aggressor against Castle in the earlier fight.
Castle, who said she had five drinks during the night, had “just wanted to scare her”, she claimed.
But Judge Collins rejected that and found Castle intended to seriously harm Hoyle and had also threatened to kill her.
He said Castle got out of her ute and “acting out of her own sense of vigilantism” provoked an altercation with a group of much younger people.
Her violence was mostly directed at Hoyle and, in the end, she ended up “much worse off”, he said.
The judge ruled that while Castle’s intention to hurt Hoyle may have been brief, and she has ever since regretted it, she still had “the necessary intent at the critical time”.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
