Home detention for death caused by checking a text

Phyllis Penman's death should be a warning to anyone thinking of text-messaging when driving, the 93-year-old's daughter says.

Curtis Lawson, 21, was checking an incoming text while driving through Hastings when he ran into Mrs Penman on a pedestrian crossing outside Hawke's Bay Hospital on March 25.

Lawson appeared in Napier District Court yesterday and was sentenced to nine months' home detention after pleading guilty to a charge of dangerous driving causing death.

Mrs Penman's family made a submission to sentencing Judge Tony Adeane, supporting his lawyer's request for home detention instead of prison.

Outside court, Mrs Penman's daughter, Brenda Wheatley, said there were no winners from her mother's death, but it was clear Lawson was sorry for what had happened.

"All we would ask is ... please do not use your phone, especially text message, when you are driving. It is such a small thing to do but can have such big consequences. It is just not worth it."

Despite her age, Mrs Penman was mentally astute and physically very active, Mrs Wheatley said. She played the card game 500 regularly and usually walked from her house into town to play cards or to meet friends.

"She was determined to make 100 and I think she would have."

Lawson's lawyer, Tony Snell, told the court that Mrs Penman's death had affected Lawson greatly.

He had sold his car after the accident, no longer drove, had left his job, and was now so mentally fragile that working would be difficult.

Mr Snell said Lawson was not speeding, and stopped to help Mrs Penman immediately after hitting her.

He had no previous convictions and was genuinely remorseful, Mr Snell said.

He said there was nothing more Lawson could do that would offer any relief to Mrs Penman's family.

"It was a momentary error of judgment," Mr Snell said.

Crown prosecutor Clayton Walker said Mrs Penman's death had happened at a time of extensive publicity surrounding the law change designed specifically to avert this type of tragedy. This was an aggravating factor, Mr Clayton said.

Judge Adeane praised Mrs Penman's family for refraining from "a vengeful attitude" towards Lawson. He said Lawson was truly remorseful and sentenced him to nine months' home detention and disqualified him from driving for three years.

GETTING THE MESSAGE

Since November last year it has been an offence to use a handheld cellphone while driving.

Drivers caught can be fined $80 and given 20 demerit points.

By July, police had issued 5275 infringement notices for phone use.

Auckland City police district has issued the most – 1159, Eastern District the least – 119. In Wellington 454 notices were issued.

- © Fairfax NZ News