A learner driver, alcohol, excessive speed and no seat belts formed a lethal combination that ended the life of a teen by one of his closest friends.
“Why has it taken this for you to wake up?” Judge Brandt Shortland asked Jacob Israel Manukau, who hung his head while standing in a Whangārei District Court dock on Wednesday.
The 19-year-old of Raumanga appeared for sentencing on one charge of driving with excess breath alcohol, and one charge of excess breath alcohol causing the death of Brodee Broughton.
The court heard that in October 2022, Manukau was pulled over by police and underwent an evidential breath test, which returned a reading of 533 micrograms of alcohol per litre of breath. For those under the age of 20, the alcohol limit for drivers is zero.
But only weeks later, on the evening of December 27, 2022, Manukau, who only had a learner’s licence, repeated the act. This time, however, it had fatal consequences.
Intoxicated, Manukau drove Broughton, 15, who was in the rear passenger seat, and another person, who was on his restricted licensc and sat in the front passenger seat. None of the three were wearing seat belts.
As they headed towards Tikipunga on Punarere Drive, Manukau accelerated and used the opposite lane to overtake four vehicles.
About 500m from the State Highway 1 intersection, the road took a right-hand bend heading uphill.
Manukau was estimated to be travelling at about 107km/h when he took a right-hand bend, about 500m from the SH1 intersection, too far to the left.
The vehicle collided with a rock-filled drain and flipped several times.
Broughton was ejected from the car as it rolled and it came to rest on top of him. He died at the scene.
Manukau initially pleaded not guilty to the charges but changed his plea at a later hearing.
Many of his and Broughton’s relatives have attended the court proceedings, with Broughton’s father being asked to leave the courtroom at the last hearing after he yelled: “I told him not to take my son and he did it anyway.”
At the sentencing, Broughton’s mother, Anya Broughton, read her victim impact statement in which she said Manukau was like another son to her.
But his actions had left her helpless, she said.
“Losing Brodee has been hard and painful, it’s been over a year but it still feels like five minutes ago. I often ask myself ‘How much longer can I cope?’
“I’m left with should’ve, could’ve, would’ves and helplessness, unable to help heal my family with their loss.
“I feel like there’s nothing to look forward to. Life’s not the same without him.”
Crown prosecutor Richard Annandale said the court needed to take into consideration the fact Manukau had been caught drinking and driving just two months before the tragedy.
“He was caught driving with excess breath in October. Two decisions to drive and on the second occasion, it’s resulted in death.”
Annandale disputed Manukau was remorseful and slammed his attitude towards the pre-sentence report writer.
“His behaviour with the pre-sentence report writer shows he won’t open up, so how can they wrap services around him? He’s going to present as a closed-up shop.”
Annadale questioned what had been done about Manukau’s substance abuse since Broughton’s death.
“The victims have a voice here, and his mother details clearly the effect this has had on her.
“The court gets a snapshot of their pain but it’s visible as the statement was read the grief, the hurt that whānau continue to suffer.”
Defence lawyer Mathew Ridgley described the case as a tragedy involving close friends and close families.
Judge Shortland said the end sentence hinged on Manukau’s youth.
“The argument today is youth and all the things that come with youth. Impulsiveness, recklessness. You were only on your learner’s licence, there wasn’t a full licence holder in the car, you had been drinking and you were picked up earlier in October and there was speed involved.
“Does youth trump? We can’t escape the fact a young person has lost his life because of drinking and driving.”
Judge Shortland believed Manukau was remorseful but noted tensions between the families remained so restorative justice did not proceed.
“This whole situation has torn relationships apart,” the judge said.
“Brodee was a bro and he passed away, you’re going to spend the rest of your life coming to terms with that.
“I know you are remorseful, you just don’t know how to express it.”
Manukau was sentenced to 12 months’ home detention and disqualified from driving.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.