Family left devastated by death

The sister of a Far North teacher killed by a drink-driver says nothing can bring her brother back - but the needless carnage on New Zealand roads can be stopped.

Kerikeri man Darren Himiona, 37, was yesterday sentenced to three years' jail for causing of the death of Bill Bayliss while he was riding his bike at 8am on January 18 this year.

Himiona's four-wheel-drive struck Mr Bayliss from behind on a straight section of Kapiro Rd in good visibility. The 54-year-old Westmount College maths teacher died on the way to hospital.

Following the crash Himiona blew an alcohol reading of 700 micrograms per litre of breath, almost double the 400mcg limit.

During an emotional sentencing in the Kaikohe District Court it emerged he had two previous drink-driving convictions, most recently in May 2012. It was also revealed the Isuzu Mu he was driving was unregistered and unwarranted, and that he had not renewed his licence after his last disqualification period ended.

In one of a series of victim impact statements, brother Michael Bayliss said the fact it was not Himiona's first offence made it worse.

"What does it take for people to learn? Does it take someone to get killed for the message to get through?"

Mr Bayliss quoted the'ghost chips' drink-driving ad, then addressed Himiona: "You are not a legend ... Do you not know you are a role model to your children, who see your actions and think it's okay? Perhaps you can explain to your children and whanau what it feels like to take a life."

He had been a cyclist for 14 years but was now reluctant to go riding: "Every time I hear a car go by, I think it'll slam into me from behind."

Mr Bayliss said his brother had only taken up cycling a month earlier to keep fit while an injury prevented him playing squash.

Sister Alison Mackrell, of Hamilton, urged hosts, friends and family to take more responsibility. Drunk people did not think rationally so had to be confronted if they tried to drive. "We can't bring Bill back, but we can stop this unnecessary carnage on our roads," she said.

Wife Jane Bayliss spoke of the impact on their four children and future dreams. She was "deeply saddened" that Himiona had failed to learn from previous convictions.

Speaking through lawyer Steve Nicholson, Himiona said he was amazed at the big-heartedness of Mrs Bayliss, who had contacted him and given him the chance to express his pain and remorse. Himiona was broken and tormented by what he had done. The steps he had taken to address his drinking were late but genuine, Mr Nicholson said.

He had been drinking in Kerikeri the night before, continued at a friend's house and walked home about 5am. Unable to get into his house he slept in his car for a few hours then drove to a supermarket for more alcohol before heading to Kapiro Rd. He was looking for a friend's driveway when he struck Mr Bayliss.

Judge Greg Davis said Mr Bayliss was wearing high-vis clothing and a helmet and riding on the far left of the lane when Himiona hit him. Speed was not a factor - he was travelling about 80km/h in a 100km/h zone - and nor was the state of the car, though it did show a cavalier attitude to safety.

Witnesses said Himiona was driving erratically just before the crash. He earned a long blast on another motorist's horn after abruptly pulling out of a driveway.

Taking his remorse and early guilty plea into account Judge Davis sentenced Himiona to three years' jail. He was disqualified from driving for four years, starting today, and his car will be confiscated. When Himiona is allowed to drive again it will be on a zero-alcohol licence.

"There is an all-too permissive attitude in this society, where people think they have a right to drink then get into a car and drive. That has to be dispelled," he said.