"Justice, what justice?," asked an emotional Gavin and Ron Emeny outside the District Court of Tauranga yesterday.
"Justice? What justice?"
This was the reaction from an emotional Gavin and Ron Emeny outside the District Court of Tauranga yesterday.
The comment came just moments after Nicole Marie Reynolds, the woman who caused the deaths of their brother and his best friend, was sentenced.
Judge Thomas Ingram sentenced Reynoldsto three-and-a-half years' jail on two charges of drug-impaired driving causing death and one charge of drug-impaired driving causing injury.
He also disqualified her from driving for five years.
She was convicted and discharged for the theft of a pill bottle from a client's home.
On July 29 last year, Reynolds drove into Leigh Rhodes on SH29A at Maungatapu, then ploughed into Kenny McCrae (aka Emeny) and Rhodes' partner Lance Carter.
Leigh Rhodes was killed in the tragic accident. Photo/Supplied.
The two men were changing a tyre on Rhodes' SUV while she waved a spare tyre cover in the air to alert approaching vehicles.
McCrae, 52, was killed instantly, and Rhodes, 60, died in Tauranga Hospital later that evening.
Kenny McCrae is one of two people who died. Photo/File
Carter was hospitalised with extensive injuries, which included a badly fractured leg, fractured sternum and other internal injuries. He nearly died on the operating table.
Reynolds told police she did not know she had hit someone until her windscreen smashed.
The court heard a cocktail of the Class B drug methadone and Class C prescription drugs Lorazepam and Clonazepam were found in her system.
Reynolds' car was seen swerving within its lane and was going 85km/h in the 100km/h zone shortly before the collision.
Some of the victims' family members read their victim impact statements to the court, including Gavin Emeny.
A distraught Emeny said he and other family members were living "a life sentence" and "missed Kenny's jokes, his wit and all-round kindness".
Acting Crown solicitor Anna Pollett argued a jail sentence of five years was appropriate before discounts for Reynolds' guilty pleas and attendance at a restorative justice meeting.
Grieving victims Gavin Emeny (far left), Lance Carter (on crutches), Sharlene McCrae, Ron Emeny (over her shoulder), far right is Donna Bartlett (Leigh Rhodes' sister) with other family and friends.
Reynolds' lawyer Bill Nabney said the Crown's sentence starting point was too high as other than her drugged-driving there were no other aggravating factors to her offending.
Judge Ingram agreed, but he did not give the full 25 per cent discount for her guilty pleas, as there was "overwhelming evidence of her guilt".
Although the impact of her actions was "tragic" and would "last forever" he would not be swayed by a forceful victim impact statement from Rhodes' brother Curtis Bartlett to increase the length of Reynolds' jail sentence, he said.
Judge Ingram said he was bound by the law and the Sentencing Act when assessing Reynolds' culpability and must also take into account any mitigating factors.
Reynolds had no previous convictions, and she had "made a very bad mistake", which was inherent in the driving charges she pleaded guilty to, he said.
Outside court, a tearful Sharlene McCrae, said: "I know nothing is ever going to bring Kenny and Leigh back to us, but if it was 50 years it wouldn't be enough.
"To get three-and-half years for taking two lives and seriously injuring Lance is an absolute insult to all of us. We've been through eight months of sheer hell since the crash."
"I didn't realise the justice system was like The Warehouse where you get extra credits for going through the checkout," she said.
A disgusted Carter, who arrived at court on crutches, described Reynolds' sentence as "ridiculous" and "woefully inadequate".
"This was a prime chance to make an example of Reynolds, which would send a clear message to other drugged and drunk drivers that this sort of behaviour is totally unacceptable," he said.
