"If there's anybody in this courtroom who understands the consequences of drinking and driving, it should be you," Judge Kevin Phillips told a recidivist offender previously convicted of drink-driving causing death.

Dean Anthony Martin, 60, of Palmerston, was before the Dunedin District Court convicted of driving with a breath-alcohol level of 206mg, and carelessly, on October 19 last year.

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The police summary said that driving into the car park of the Leith St Liquor Store, about 7.30pm, Martin failed to stop and crashed into a roller door next to the store's front entrance.


He tried to drive away, but his car became stuck on the kerb.

Police were called by witnesses and found Martin a short time later about 40-50m from the scene.

Martin was verbally aggressive and clearly intoxicated.

He gave no explanation for his actions.

A crash on a country road near Waikouaiti on October 13, 2006, resulted in Martin admitting causing the death of his female passenger, Kellie-Rachel Smillie, aged 33 and a mother of two, as well as injury to his male passenger, by driving dangerously and with 184mg of alcohol in his blood.

Neill and Vicki Smillie's daughter Kellie-Rachel was killed more than a decade ago. Photo / Peter McIntosh
Neill and Vicki Smillie's daughter Kellie-Rachel was killed more than a decade ago. Photo / Peter McIntosh

Martin was sentenced to three-and-a-half years' jail and disqualified from driving for four years.

Then, while drunk, he got behind the wheel early on November 18, 2016, and veered into the wrong lane and crashed into a ditch in North Rd.

That drunken smash resulted in his eighth drink-drive conviction since 1990, the court heard at sentencing in 2017 following a judge-alone trial. Martin was given 13 months' jail and banned from driving for 18 months.


At sentencing this week on last year's offending, counsel Deborah Henderson said Martin had given up drinking since the incident.

Imposing home detention rather than prison, the judge said that as a condition of the sentence "certain things" would be put in train.

Martin was sentenced to five months' home detention, with six months' post-detention conditions and a requirement not to possess or use any alcohol or non-prescribed drugs.

He was also disqualified from driving for one year and three months and is to pay $3390.78 reparation.

"An opportunity is being given to you ... any reoffending in this way will bring a lengthy prison term," the judge said.