Teen gets jail term for manslaughter

Last updated 05:00 09/06/2010

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A teenager was given a jail sentence for killing his best mate in a car crash while he was more than five times over the youth alcohol limit.

Hunter William Wagener earlier admitted the manslaughter of 18- year-old Jerome Tuki Henry and injuring Jessie Raukawa, Morgan Collier and Phillip McNeil when he crashed his Subaru WRX into a power pole in Otatara on December 4.

Yesterday, Mr Henry's older brother Tairone made an emotional plea before about 50 family and friends of the young people in the High Court at Invercargill.

He had lived with Mr Henry and Wagener, who was also 18 at the time of the crash, he said.

"Their bond is something pretty unique and it was something I used to strive to have. They were the best of mates. They lived together, they worked together. They did everything together," he said.

"I know Hunter has taken responsibility for what he has done. I commend him for that. I love him for that. I've already lost one brother, we all have. We just don't want to lose any more. Love you bro," he said.

In a victim impact statement, Mr Henry's mother said she could not see any positives in the situation.

"If any good is to come from the loss of Jerome, it would have to be a clear message that this is not OK and this is not acceptable."

The responsibility for the crash rested with Wagener, she said. "Ultimately, the car was a modified death trap."

The court was told Wagener was driving at more than twice the legal speed limit while almost five times over the youth alcohol limit in a car that had failed a warrant of fitness check the day of the crash.

Justice French said it was clear Mr Henry was a much-loved member of his family and they were heartbroken. "He had all his life before him, only to have it taken away as a result of your irresponsible and stupid conduct."

There was widespread community concern about young people drinking and driving and speeding and killing others, she said. "The community has had enough," she said before sentencing him to three years and four months' jail.

Justice French said Wagener was one of a group that left a party in Otatara on December 4. The designated sober driver did not want to navigate the gateway so Wagener drove and did two doughnuts.

Despite continued urgings from the sober driver to change seats, he continued driving on the road before losing control and hitting the power pole at a speed police estimated at between 85kmh and 101kmh in a 50kmh zone.

He was later found to have a blood alcohol level of 146mg. The legal limit for a person under 20 is 30mg.

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The power pole fell on the passenger's side, killing Mr Henry. The other three passengers suffered moderate to serious injuries.

As well as the jail term for manslaughter, Wagener was sentenced to 18-month jail terms for each of the injuring offences, to be served concurrently.

He was also disqualified from driving for four years and ordered to pay $7000 total reparation to Mr Henry's parents and $5631.59 to the power company.

- © Fairfax NZ News

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