Justice Geoffrey Venning dismissed the appeal in the High Court at Auckland. File photo / Michael Craig
A teen driver who caused a five-car crash in his new Mercedes while over the alcohol limit and without a licence has failed in an appeal against his conviction.
Kekeli Nanedo, whose victims suffered serious injuries, including a cracked spleen, rib fractures, a collapsed lung and a concussion, had unsuccessfully tried to get a discharge without conviction for the offending.
Nanedo, 18 at the time, had bought a Mercedes-Benz but didn’t have a licence to drive it when he was stopped by police on January 7, 2023. Officers forbade him to drive until he obtained a licence.
Despite this, he was again driving his car on April 5, 2023 with four passengers while over the drink-driving limit, Justice Geoffrey Venning said in a recent appeal decision from the High Court at Auckland.
Nanedo, who had two lanes on his side of the road, was trying to overtake another car when he crashed into an oncoming car being driven by an innocent third party, Justice Venning said.
Nanedo’s car started rotating, travelling onto the wrong side of the road and crashing head-on into “yet another innocent victim”. Meanwhile, the first car he hit crashed into the car in front of it, which in turn crashed into a parked car.
“All five vehicles involved in the incident suffered extensive damage,” the judge said.
Two of Nanedo’s passengers were taken to hospital, one with a cracked spleen and laceration to his arm that needed stitches, and the other with multiple rib fractures, a collapsed lung, blood in the lung, lacerated spleen, a concussion and cuts to the head.
The driver of the first car that was hit suffered a broken nose.
Nanedo was also taken to hospital and his blood was taken, returning a reading of 102mg of alcohol per 100mm of blood – more than twice the legal limit.
He pleaded guilty to three charges of drink-driving causing injury and one of driving while forbidden, but the case did not reach sentencing until August 2025.
He argued he should receive a discharge without conviction because he might risk being deported otherwise.
The sentencing judge considered his willingness to attend restorative justice, his clean criminal and traffic history in New Zealand, and the fact he had ADHD.
While she acknowledged a deportation liability notice was a real and appreciable consequence, she was not certain Nanedo would be deported if convicted, and said the consequences of a conviction were not out of all proportion to the gravity of the offending.
She instead sentenced him to one and a half months of community detention and ordered a $5000 reparation payment, 12 months of supervision and 12 months driving disqualification.
On appeal, Nanedo said he was seeking admission to the Grace Gate Breathe programme and hoped to get into the Higher Ground residential programme mid-next year.
“He repeated his concern that if he is deported to Ghana as a result of his conviction there would be no way for him to receive proper treatment and support for his ADHD. Further, if his parents were forced to resign and return to Ghana with him, they would become unemployed there. Also the good work his father does for the refugee community would cease,” Justice Venning said.
Despite this, the judge said a suggestion the sentencing judge erred by not allowing an adjournment for Nanedo to complete a rehabilitation programme was “misconceived”.
“The offending occurred in April 2023. Mr Nanedo was not sentenced until August 2025. He had ample time to attend whatever courses he considered would assist him.”
Nanedo’s lawyer argued the judge had failed to take into account the psychological harm Nanedo would suffer if he were to be deported.
Justice Venning said the issue with the deportation argument was that the only evidence on the matter was a report from an immigration advisor, who said it was very likely Nanedo would receive a deportation liability notice.
The judge noted that Nanedo would have a right of appeal on humanitarian grounds if this were to happen, and the advisor had considered it likely Nanedo’s circumstances would mean deportation would be judged unjust or unduly harsh.
“The argument that Mr Nanedo may be deported and that would affect his family is speculative. While in an appropriate case the effect on third parties may appropriately be considered, the effect on third parties in this case is not sufficiently causally connected to be a relevant consideration. Whether his family are affected by returning to Ghana to be with him would be entirely a decision for Mr Nanedo and his family to make. I note that he is now 21 years old.”
Justice Venning found the sentencing judge was correct in her decision, and dismissed the appeal.
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 12 years.