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A killer driver who escaped jail because she has a phobia of unfamiliar places is now behind bars.
Lesley Caudwell of Papakura was originally given 12 months' home detention after she admitted charges of driving while incapable and causing death, and dangerous driving causing death.
Caudwell had a breath-alcohol level of 1100mcg when she crashed into Tara Groenestein, 36, at the Patumahoe Rd/Waiuku Rd intersection near Pukekohe in November last year. The legal limit is 400mcg.
Caudwell told the police she had been "trolleying it today".
At the original sentencing, Judge Gus Andree Wiltens said Caudwell's agoraphobia would cause her difficulties in a cell. A jail term would be disproportionately severe.
Prosecutors had sought a four-year term, and Ms Groenestein's family were outraged by Judge Andree Wiltens' ruling. Police subsequently appealed against the sentence.
This week, Justice John Hansen ruled that the home detention sentence was "manifestly inadequate" and ordered Caudwell to hand herself in to Papatoetoe police to begin a jail term of two years and three months.
He said there was no "evidential basis" the agoraphobia would be disproportionately excessive if Caudwell was jailed, and Judge Andree Wiltens had failed to ascertain - or inquire - if it could be adequately monitored in prison.
Judge Andree Wiltens had also been too generous granting a 50 per cent sentence reduction for Caudwell's early guilty plea and remorse.
Her driving was so bad that a higher starting point for sentencing could have been justified, but was not sought by the Crown.
"It is hard to envisage a more protracted example of atrocious driving. Given the alcohol level, the standard of driving and the extended period of it, [Caudwell] may be fortunate she did not face a more serious charge."
Ms Groenestein's father, Felix, described the outcome as reasonable. "It's not going to bring Tara back but [the new sentence] acknowledges now that justice is being done."
Many family members were reduced to tears at the original sentencing when they heard the reasons home detention was thought to be the only option.
"I think it [the jail sentence] is the best we can hope for," Mr Groenestein said.
"It means that we can get on with remembering Tara the way she was without all the legal stuff over our heads."
Caudwell began her prison sentence on Tuesday.
Agoraphobia
A fear of open spaces, going outside or being away from a place of safety. Also an abnormal fear of being helpless in an embarrassing or inescapable situation. Sources: Cambridge Dictionary/Merriam Webster online.
Causes
Agoraphobia often presents itself as a result of Panic Disorder, when the fear of having a panic attack stops a person from leaving the place where they feel safe, for example home.
Treatment
Often treated successfully by GPs, but sometimes a clinical psychologist or psychiatrist is needed.
Source: The Royal Australian and New Zealand College of Psychiatrists.
