Driver ordered to pay thousands for injuring TV journo and killing horse

Karen Rutherford's leg catapulted into her head when she was hit by the car. Photo / File

A television journalist is disappointed the man who injured her in a crash wasn't given a harsher sentence.

Peng Wang, a 29-year-old Chinese national, was today sentenced to 80 hours community work and ordered to pay $25,000 after being found guilty of careless driving causing injury last week.

Newshub journalist Karen Rutherford was hit by Wang's car while riding her daughter's horse, Curious George, last August.

"He's basically stolen eight months of our life and all he gets is 80 hours community work," she told the Herald after sentencing.

Rutherford and her 13-year-old daughter, Ella, were riding on Postman Rd in Dairy Flat, north of Auckland, when Wang's people mover hit the horse, throwing the journalist into his windscreen and then into a ditch.

The 44-year-old's leg catapulted into her head, the force of which tore the skin and tissue away from the muscle, almost ripping off her leg.

Her injuries were so severe a surgeon could put his whole hand in her leg, which was broken in multiple places, as well as bones in her feet and toes.

Curious George had to be put down due to his injuries.

Judge Jonathan Down said Wang's driving was an example of "gross carelessness".

But when he found Wang guilty, the judge said the offending was at the top end of careless driving.

Rutherford said she expected a harsher sentence, not necessarily jail time but at least 120 hours community work.

Peng Wang appears at the North Shore District Court. 01 March 2017 New Zealand Herald photograph by Michael Craig

Wang didn't even receive a fine, just ordered to repay her for the harm he'd caused so the punishment of 80 hours came as a disappointment, Rutherford said.

"It's an example of how woefully inadequate our justice system is. The charges available don't adequately express seriousness of actions."

Rutherford said it was time for lawmakers to change the charges available which included harsher punishments.

The journalist has returned to work at Newshub in a planning role with reduced hours as she is still in recovery from her head and leg injuries.

She sees three physios each week on top of neurologist and surgeon appointments and ongoing pain.

"Peng Wang might be going home but the pain I have isn't going away."

IT WAS A GROSS ERROR OF JUDGMENT

At sentencing this morning at the Auckland District Court, Judge Down concluded Wang was going too fast for the circumstances as he was likely going between 60km/h to 70km/h.

The judge also said Wang gave the first horse which Ella was riding "probably less" than 50cm passing room and in effect gave no room to Rutherford on Curious George.

Ignorance of New Zealand's road rules was not a defence, Judge Down said.

"It's not only wrong in law but a gross error in judgment and common sense. I conclude that you, faced with unfamiliar circumstances, made a decision that no prudent driver would have made.

"No prudent driver from anywhere in the world would have made that decision."

Defence lawyer, Tiffany Cooper, read from a pre-sentence report which indicated Wang had been "devastated" by what happened.

He also expressed to the report writer how he'd found it difficult to demonstrate or communicate how he felt about the impact on the victims.

The report said Wang had presented as an earnest, engaging and humble family man who "deeply regretted his actions" and had a clear understanding of the harm he'd caused.

Cooper said Wang accepted the Rutherfords had "essentially lost a member of their family" by losing Curious George and was "deeply remorseful".

However, Judge Down said before the report Wang had not expressed a glimmer of remorse.

There had been no attempt to express remorse or concern either at the scene or since and didn't go to check on Rutherford after the crash.

The judge accepted Wang had been significantly punished by being forced to stay in New Zealand for seven months during the proceedings.

But it was a sufficient punishment.

He ordered he pay the Rutherfords $21,400 in reparations for the actual costs of the crash as well as a further payment for their emotional harm making the total $25,000.

Wang was also ordered to do 80 hours community work, which Judge Down said would have been significantly longer if Wang's visa didn't expire in a couple of weeks.

Wang was also disqualified from driving in New Zealand for 18 months.