Fatal Karaka crash: Mother's wailing echoes through court

爱国爱港

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11585098&ref=NZH_FBpage

12:19 PM Friday Feb 5, 2016

North Island Road Accidents

A mother's uncontrollable wailing echoed through Pukekohe District Court for the loss of her daughter this morning.

Ten months earlier, Te-Tauvira Tearii crashed head on into a car driven by 23-year-old Huan Na. Na was killed, as was her friend Zhuangya Xu. Zhentai Qi was severely injured but survived.

Today, Tearii was sentenced to 250 hours community work, three months community detention and was disqualified from driving for a year.

Twenty members of the defendant's family sat in silence as Judge Gregory Hikaka passed sentence, as did a dozen relations of the victims.

But moments later, Ms Na's mother Meng Gen could not contain her grief and broke down as others tried to console her.


"It is not fair. This is not fair," she shouted in Mandarin.

A serious crash unit report said Tearii crossed the centre line of Karaka Rd in rural south Auckland for 22 metres, hitting the yellow Toyota in the middle of its lane.

Driving at 100kmh, his lawyer Surendra Bennett said, would have seen him in the opposing lane for about 0.82 seconds.

"It can be considered a moment; a moment my client will regret for a long time," she said.

Police prosecutor Geoffrey Bardsley said there were only two explanations for the lapse. Either Tearii fell asleep or that he was so distracted by something that he did not notice he was heading into oncoming traffic.

Whatever the reason, Judge Hikaka said his culpability was "serious to very serious".

He received documents from the victims' families from a Beijing-based lawyer who said the equivalent crime committed in China would see an offender jailed for up to five years and ordered to pay all relevant compensation.

But the judge went into detail explaining to the family how New Zealand law differed.

The two counts of careless driving causing death and one of careless driving causing injury, to which Tearii pleaded guilty, carry a maximum jail term of 3 months.

Tearii was sentenced to 250 hours community work, three months community detention and was disqualified from driving for a year.

The court heard how the families of the deceased had spent up to $35,000 on travel to New Zealand since the incident, even accounting for payments of $5000 from victim support.

But Ms Bennett said her client, who had a partner and young daughter, was of limited means and could only afford to pay them $50 a week.

Judge Hikaka awarded $1000 reparation to the family of each victim but acknowledged they could reject the cash if they deemed it "insulting".

In an interview with the Herald yesterday Ms Gen said the loss of her daughter had stripped her life of meaning.

"It's the end of my own dream, and the happiness of the whole family," she said.

Ms Na, an architecture student, was a keen photographer and came to New Zealand to find inspiration to fuel her design.

She and her friends were in the country on working visas.

In a statement given to the Herald, Tearii's family said he was "extremely distraught" by what had happened.

"[He] understands and acknowledges his difficulties cannot be compared to the loss of two lives and the pain caused to the victim's family," it said.

- NZ Herald

Read more by Rob Kidd

NewLynnHse

在新西兰，人命真贱，没有价值

呵呵，去年那起华人男撞死本地小女孩的判决大家还记得吧？大家再对比一下今天的判决。

说实话，这个判决我等待多时了，我一直在等这个判决，一直在等。因为在事发的当日，这三位华人青年的车就在我的前面不远处，如果我当天起床早5分钟，碰上这起车祸的有可能就是我。后来知道是华人受害者，我更加关注这起事故，对于现在的判决结果，我除了呵呵，还能说什么。

人们经常是不讲道理的、没有逻辑的和以自我为中心的。不管怎样，你要原谅他们。即使你是友善的，人们可能还是会说你自私和动机不良。不管怎样，你还是要友善。

JasonZHX

作为一个驾龄十几年的老驾，我现在能不开车就不开车上路，尤其是乡村公路和高速，远距离出行坚决坚持坐飞机或火车，再不行最次的选择才是长途巴士。
白发送黑发，哎，人间悲剧。
其实说实话，判决的罪名没什么问题，就是量刑太轻，不过这也是法律本身的问题，判的赔偿也很操蛋。。哎

subway06

A Chinese tourist will spend more than a year behind bars over after a fatal crash which claimed the life of five-year-old Oamaru girl Ruby Marris near Moeraki in February.

Jing Cao, 32, was sentenced to 18 months in prison on one charge of dangerous driving causing death and five charges of dangerous driving causing injury. He was also ordered to pay $61,890 in emotional harm and reparation.

Family members described the horrific ordeal at his sentencing in the Dunedin District Court today.

Father Tristan Marris was driving his wife and three daughters to Dunedin when their station wagon was struck head-on near Moeraki by a rented Ford Ranger driven by the Chinese tourist.

Five-year-old Ruby Marris died shortly after the crash from internal injuries. Tristan crawled out of the mangled vehicle with a broken back, and was flown to Dunedin Hospital with serious injuries, along with his wife Kimberley, 40, and daughters Georgia, 10, and Sophie, 7.

Cao admits he was tired when he drove his rented ute on the right hand side of the road, travelling north on State Highway 1, and into the path of the Marris' car.

He'd arrived in the country with his partner and parents four days earlier, driving over 1300 kilometres before the crash. Several members of his family were also hospitalised.

Addressing Cao directly in court today, Tristan described how smoke had forced him to crawl out of the back seat of his car with a broken back shortly after the impact.

"I could see Kimberley holding Ruby crying, 'help'. I saw Ruby getting paler as the internal injuries took hold, she was dying in her mother's arms," he said.



Read more: http://www.newshub.co.nz/nznews/ ... 60917#ixzz3zGxzCEps

subway06

所以说所谓的司法平等就是笑话，特别是新西兰毛利有特权。

JasonZHX

subway06 发表于 2016-2-5 19:32
A Chinese tourist will spend more than a year behind bars over after a fatal crash which claimed the ...

这个charge的罪名不公，dangerous driving ？我觉得完全没有主观故意啊，应该是neglect driving或者是careless driving才合适嘛。。
不过毛利有特权是不假。

阳光雨

唉，这里的法官都是同情当地人的。

爱国爱港

阳光雨 发表于 2016-2-5 19:51
唉，这里的法官都是同情当地人的。

同情当地人+同情穷人

爱国爱港

JasonZHX 发表于 2016-2-5 19:39
这个charge的罪名不公，dangerous driving ？我觉得完全没有主观故意啊，应该是neglect driving或者是car ...

毛利特权不属于这种交通事故，这个是穷人特权加被告认罪，当着法官面前表现悔意（英语叫remorseful）

如果这次的被告，是位认罪有悔意的穷白，也是会有这样的判决

爱国爱港

subway06 发表于 2016-2-5 19:34
所以说所谓的司法平等就是笑话，特别是新西兰毛利有特权。

是穷人特对，这里法官永远偏坦穷人

爱国爱港

匿名者 发表于 2016-2-5 18:51
呵呵，去年那起华人男撞死本地小女孩的判决大家还记得吧？大家再对比一下今天的判决。

说实话，这个判决我 ...

你要考虑两点：
- 撞人的华男的经济情况
- 华男在审讯期间，当着法官的脸，摆出什么样的态度

爱国爱港

NewLynnHse 发表于 2016-2-5 18:31
在新西兰，人命真贱，没有价值

你又错误解读纽西兰国情

JasonZHX

爱国爱港 发表于 2016-2-5 22:51
你又错误解读纽西兰国情

好，港哥你说说，在这撞死个人是不是比大陆判的轻？是不是比香港轻？你说，你说。。

爱国爱港

subway06 发表于 2016-2-5 19:32
A Chinese tourist will spend more than a year behind bars over after a fatal crash which claimed the ...

我的观点是：
- 你是游客身份来旅游，警察的调查发现此人经济条件好，法官于事经济上要重判
- 有可能Jing Cao在法官面前，没有表现出任何悔意，可能还摆出财大气粗的格势。又或者Jing Cao的律师有问题，这种情况，好的辩护律师，会给Jing Cao搞个英语的悔过宣言，在法官面前宣读，承认自己的过失和向受害人道歉。

爱国爱港

JasonZHX 发表于 2016-2-5 22:56
好，港哥你说说，在这撞死个人是不是比大陆判的轻？是不是比香港轻？你说，你说。。 ...

是判得过轻，facebook上也有Kiwi对此判决看不过眼

香港和纽西兰，大家都被英国鬼管过，但香港的司法系统，哪里像这里那么SB

大家别喷我，我只是用我的观点，解读一下为什么判得那么轻

NewLynnHse

爱国爱港 发表于 2016-2-5 23:08
是判得过轻，facebook上也有Kiwi对此判决看不过眼

香港和纽西兰，大家都被英国鬼管过，但香港的司法系统 ...

所以我一直说要恢复死刑，学中国，什么都判死刑，看谁还敢乱来。马来西亚那个外交官也是，TM费那么大劲把他整回来了没给判死刑，真的是浪费纳税人的钱。

昨天那帮抗议TPP的应该在次游行要求恢复死刑鞭刑。

Esipan

明显就是双重标准啊。。。

chang824

not fair la..............

同一个人

下次大选用你们手中的选票说话吧，不要再做沉默的羔羊。

Soccer4ever

这样的判决实在让人愤慨又无奈。 愤慨的是如果肇事者是华人，那惩罚一定会是法律规定内最严厉的，而当受害者是华人时，判罚却如此之轻。很多人不承认新西兰对华人的歧视， 我可以请那些朋友认真思考一下， 对比过往的案例， 这是不是对华人歧视？无奈的是， 即便是最严厉的惩罚，也不具备惩罚功能。加重交通肇事惩罚只能通过修法来实现，可是掌握修法大权的白人议员的看法又完全不同于华人，大家能做的只能是尽力影响主流社会，争取修法。

lychee

谁来找个岛毛撞死洋人或者洋人撞死岛毛然后判决轻的案子。。

NewLynnHse

lychee 发表于 2016-2-6 14:11
谁来找个岛毛撞死洋人或者洋人撞死岛毛然后判决轻的案子。。

估计没有人关注。。。哈哈

p2p

爱国爱港 发表于 2016-2-5 23:04
我的观点是：
- 你是游客身份来旅游，警察的调查发现此人经济条件好，法官于事经济上要重判
- 有可能Jing ...

据说是的，新闻里提到过Cao没有对受害人家庭表示过任何歉意。

爱国爱港

p2p 发表于 2016-2-6 16:23
据说是的，新闻里提到过Cao没有对受害人家庭表示过任何歉意。

这样纽西兰法官，看你这么嚣张，还有是带钱来旅游，一定会判你要多赔钱

爱国爱港

NewLynnHse 发表于 2016-2-5 23:13
所以我一直说要恢复死刑，学中国，什么都判死刑，看谁还敢乱来。马来西亚那个外交官也是，TM费那么大劲把 ...

恢复死刑？！左翼人权分子也不会让你恢复

爱国爱港

同一个人 发表于 2016-2-6 09:28
下次大选用你们手中的选票说话吧，不要再做沉默的羔羊。

国家给你的投票权不能不用