Text death driver gets home detention

A 21 year-old Hawke's Bay driver who struck and killed an elderly woman on a pedestrian crossing when distracted by an incoming text message has been sentenced to nine months home detention and disqualified for three years.

Curtis Lawson, of Havelock North, had sent two text messages just moments before the collision and had looked down at his cellphone when he got a reply from one.

Judge Tony Adeane, sentencing Lawson in the High Court today, said the fatal accident early last year happened just after a well-publicised campaign about new laws banning the use of hand-held cellphones in vehicles.

He said the tragedy was "a sentinel example" of what the campaign was trying to prevent.

Lawson had immediately tried to help the 93-year-old victim, Phyllis Penman, who died a few hours later in Hawke's Bay Hospital, which was almost opposite the accident scene in Hastings.

Defence lawyer Tony Snell said his client had sold his car and had not driven since the accident on March 25 this year. Lawson had not been speeding, had not been affected by alcohol or drugs or involved in drag-racing. His distraction was a momentary error of judgment, rather than a persistent course of bad driving.

However, prosecutor Clayton Walker said Lawson had been texting within a couple of minutes of the accident and had not seen either Mrs Penman or the clearly marked pedestrian crossing.

Judge Adeane noted that Mrs Penman, despite her age, was able and alert and was regarded as the cornerstone of her family. He said the family had refrained from taking a vengeful attitude toward Lawson, despite their loss.

- NZPA