NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Father dismayed over sentence: Driver has home comforts while daughter's 'ashes lay cold'

Sam Hurley
By Sam Hurley, Sam Hurley and Melissa Nightingale
NZ Herald Print Editor·NZ Herald·
1 Mar, 2017 05:04 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

One person misled customers and was stung with a $800,000 fine by the courts.

Another was convicted of aggravated careless driving which resulted in a woman's death. However, the driver who got behind the wheel after drinking, escaped without a fine. He received home detention and lost his licence for two years.

The father of the dead woman cannot understand the discrepancy in sentences handed down by different judges on the same day.

Kerry Gunn, 54, died during the earlier hours of June 15 last year after Tristian Harley Mead hit her car head-on just south of Warkworth.

Mead was sentenced on February 10 this year at the North Shore District Court to nine months' home detention and disqualified from driving for two years on the charges of aggravated careless driving causing death while under the influence, and two similar charges of causing injury.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The maximum sentence which could have been imposed on Mead under the Land Transport Act was three years in prison, a $10,000 fine, and a minimum disqualification of one year.

Gunn's father, John Gunn did not criticise the sentencing judge, who he said was constrained by precedent.

However, he told the Herald there was seemingly a lack of a "deterrent factor".

Advertisement
Advertise with NZME.

"It won't change the sentence ... the sentence can't be altered or amended," the 82-year-old said.

"But where is a deterrent factor? The offender will sit amongst home comforts whilst [my daughter's] ashes lay cold in her cremation casket.

"I do question the sincerity of those in authority who call for a reduction in the rising road toll, yet fail to provide a meaningful penalty."

He said he was waiting to receive the judge's sentencing notes.

Discover more

New Zealand

One dead, four injured in crash

14 Jun 06:05 PM
World

True stories from the morgue

05 Mar 07:15 AM

Police prosecutors had sought the full penalty of imprisonment for Mead, he said.

The night before the fatal crash, Mead had been drinking vodka mixers before and during the Chiefs v Wales rugby match in Hamilton, court documents show.

Post-match he drank a further five pints of beer before returning to his motel with a friend in a taxi.

The pair then had an argument and decided to drive home to Northland about 2.45am in Mead's ute.

Mead, 40, was also on a restricted driver's licence, according to court documents.

Further north at the coastal town of Mangawhai, workmates Gunn and Paul Kerr left Placemakers at 4.05am, destined for Hamilton to work at the hardware store's stand during Field Days.

Advertisement
Advertise with NZME.

At about 4.50am, as both drivers travelled towards each other on SH1, Mead crossed the centreline and collided head-on with Gunn and Kerr.

Kerry Gunn died from "massive injuries" after her car was hit head-on by another driver. Photo / Supplied
Kerry Gunn died from "massive injuries" after her car was hit head-on by another driver. Photo / Supplied

Gunn died at the scene from her "massive injuries".

Kerr, Mead and his passenger were all transported to hospital with serious injures.

Later, Kerr, who fractured several ribs and his sternum and suffered several lacerations, had his spleen removed during emergency surgery.

Blood was taken from Mead some three and a half hours after the crash, and returned a result of 17mg of alcohol per 100ml of blood.

However, court documents show further analysis by Environmental Science and Research forensic toxicologist Samantha Coward estimated Mead's blood concentration at the time of the crash was between 52 to 87mg of alcohol per 100ml of blood, and likely at the mid-point of 70mg per 100ml.

Advertisement
Advertise with NZME.

Mead told police he "recalled closing his eyes like a slow blink, opening his eyes and seeing bright headlights".

Criminal Bar Association president Len Andersen did not believe Mead's sentence was inappropriate for the type of charge, given that it was not proven Mead was over the drink driving limit at the time of the crash.

Because the blood test was taken too late and the prosecutors could not prove Mead was over the limit, he could not be charged with drink driving.

"It's probable that if they had taken the blood test and if it had been over, then the penalty would have been greater."

Careless driving could mean something as simple as a moment of inattention, which Andersen said could happen to anyone. It was not unheard of for people to be let off with a fine for a careless driving causing death charge.

Andersen said from the family's point of view, no penalty would ever be enough.

Advertisement
Advertise with NZME.

"The judge is constrained by the fact that this was the least serious charge that could be laid in terms of somebody that had died."

With the maximum penalty being three years imprisonment, Andersen said it was particularly rare for a first-time offender to receive a sentence higher than two years in prison, and for sentences under two years, the judge was obligated to look at community-based sentences as an alternative, including home detention.

Also on February 10, Bike Barn was ordered to pay $800,000 over an intensive advertising campaign which claimed bikes had been heavily discounted when in fact they were being sold for full price.

Bike Retail Group and Bikes International, operating as Bike Barn during the two-year period in question, were sentenced in Auckland District Court by Judge David Sharp.

The companies pleaded guilty to 16 charges brought by the Commerce Commission under the Fair Trading Act.

Save

    Share this article

Latest from New Zealand

New Zealand

'Lots of frost': NZ braces for sub-zero chill, possible 'heavy rain' before Matariki

16 Jun 08:21 AM
New Zealand

'Sharp instincts': $7.5m meth haul intercepted by Customs

16 Jun 08:19 AM
New Zealand|crime

Tribesmen's alleged 'hotbox' murder after gang member's unauthorised online shopping

16 Jun 07:30 AM

The woman behind NZ’s first PAK’nSAVE

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'Lots of frost': NZ braces for sub-zero chill, possible 'heavy rain' before Matariki

'Lots of frost': NZ braces for sub-zero chill, possible 'heavy rain' before Matariki

16 Jun 08:21 AM

Much of the South Island is set to plunge below 0C tonight and tomorrow.

'Sharp instincts': $7.5m meth haul intercepted by Customs

'Sharp instincts': $7.5m meth haul intercepted by Customs

16 Jun 08:19 AM
Tribesmen's alleged 'hotbox' murder after gang member's unauthorised online shopping

Tribesmen's alleged 'hotbox' murder after gang member's unauthorised online shopping

16 Jun 07:30 AM
Foreign Minister Winston Peters speaks amid the Israel/Iran conflict

Foreign Minister Winston Peters speaks amid the Israel/Iran conflict

How one volunteer makes people feel seen
sponsored

How one volunteer makes people feel seen

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP