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Home / New Zealand

Jail for boy racer who killed 'starter'

By Simon O'Rourke
NZPA·
19 Oct, 2007 04:00 PM4 mins to read

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Scott Finn (above) died when his car was hit by a boy racer. Photo / Bay of Plenty Times

Scott Finn (above) died when his car was hit by a boy racer. Photo / Bay of Plenty Times

A boy racer who hit and killed 20-year-old Scott Finn spent his first night behind bars last night after being refused home detention by a High Court judge.

Jeffrey Douglas Luke, 19, was sentenced to 20 months' jail after pleading guilty to manslaughter. Luke, who had a previously clean criminal record, told the court in Rotorua that he was deeply remorseful for what happened in the early hours of May 19.

He had raced another car from the end of Aviation Drive in Mt Maunganui towards a crowd of people at speeds of up to 130km/h.

The driver of the other car, a 16-year-old youth, has pleadednot guilty to a charge of manslaughter. His case is yet to go totrial.

Scott Finn, one of two street race "starters", had his back turned when Luke's turbo-charged Mitsubishi Galant VR4 struck him, instantly killing him. The speed at impact was estimated by experts to be between 70km/h and 100km/h.

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The highly powered car had illegal modifications to its suspension, and although that was not a factor in the crash, Crown prosecutor Simon Bridges said it illustrated Luke's "cavalier attitude" to driver responsibility.

Luke had previously had his car ordered off the road by police. However, he made his car roadworthy only so that it passed a warrant of fitness test.

Once this was done, Luke changed the car's suspension back to being illegally modified.

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He is in his second year of doing an apprenticeship as a mechanic.

Justice Ronald Young expressed frustration at the sentencing yesterday, labelling street racing events a "prescription for disaster".

He told the court that he would be dealing with yet another tragic case next week in Wellington, in which a young woman had lost her life as the result of "street racing".

"How many deaths do there need to be before this stupidity stops?" he asked.

"There is no disguising the fact that you have caused the death of Scott."

The judge told Luke that he had the knowledge that others had been killed and injured because of similar street meetings, "but it did not stop you that day".

Because of aggravating factors, which included an element of pre-meditation due to Luke's participation in the illegal race, the judge said a starting point of three-and-a-half years' imprisonment was appropriate.

"I accept you are genuinely remorseful. You have done the right thing for yourself, your family and for Scott Finn's family by attending a restorative justice conference."

That, combined with Luke's character, clean record and age, were enough to entitle him to a 22-month discount to his jail term, the judge said.

On hearing yesterday's sentence, Tauranga Mayor Stuart Crosby said the case had been "very sad for everyone, for both families".

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A boy racer bylaw came into effect in the city's industrial area yesterday.

"We know it's not a remedy but have been asked by police to put it in place. It will allow police to act more quickly against these congregations when they take place," said Mr Crosby.

Until now police had been unable to do anything when large meetings of cars and drivers happened.

"The inspector said it [the bylaw] gives them an opportunity to intervene early," Mr Crosby said, adding that it would be reviewed in about a year.

This week western Bay of Plenty police revealed that a blitz on boy racers over the past fortnight had resulted in 28 unsafe cars being ordered off the road.

Police said they were told by one vehicle owner that his cut springs would be replaced by good ones so that a warrant of fitness was obtained, and he would simply change the springs back once this was done.

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The blitz resulted in 91 infringement notices, and 12 prosecutions were laid on boy racers for doing burnouts.

Mr Crosby said there had already been a significant reduction in the number of cars congregating in the industrial area.

Bylaw to deter hoons

Boy racers face $500 fines if they are caught in Tauranga's industrial areas under a bylaw which came into force yesterday.

It bans vehicles under 3500kg from entering more than 60 industrial streets around the city between 9pm and 5am. The penalty for breaching the city council bylaw is a $500 fine.

Exemptions are allowed for owners and occupiers of industrial properties, and emergency, trade, security and council vehicles.

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The new measure mirrors what has already been done in Christchurch, Manukau and Porirua cities.

Tauranga's traffic chief, Senior Sergeant Ian Campion, expects the large fines for those flouting the ban will be a strong deterrent.

- NZPA

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