The court accepted Takimoana made the ''unfortunate choice'' of driving away. Photo / File
The court accepted Takimoana made the ''unfortunate choice'' of driving away. Photo / File
A Northland man has been jailed for just over two years after his partner died when she fell off the roof of his car as she was trying to stop him driving.
Phillip Lance Takimoana, 42, of Ōhaeawai, was sentenced in the Kaikohe District Court last month on a charge of dangerous driving causing the death of his partner, kindergarten teacher Trudi Ruffiner.
Judge Brandt Shortland told the court Ruffiner picked him up after work on November 6, 2019, because he was a disqualified driver.
Takimoana was tired and wanted a quiet night in at the Ōhaeawai Hotel where they were staying. Ruffiner, however, wanted to socialise and insisted he come downstairs to the bar.
''Unfortunately, Trudi Ruffiner, who was still clinging onto the roof, fell from the car, hit the road and lost her life as a result,'' Judge Shortland said.
Takimoana said he didn't know Ruffiner was still on the roof and only found out later she had died.
The court accepted Takimoana was tired and didn't want to fight, but he had made the ''unfortunate choice'' of driving away.
''...At no time did you consider or turn your mind to the fact that you should have stopped and checked, just in case. You decided to continue on. This all happened in the space of a few minutes.''
Members of the police Serious Crash Unit investigate the death of Trudi Ruffiner at the intersection of SH1 and SH12, Ōhaeawai, in November 2019. Photo / Jenny Ling
A Northland man has been jailed for the death of a his partner after she fell off the roof of his car outside the Ōhaeawai Hotel. Photo / file
Judge Shortland said he regarded Takimoana's actions as reckless rather than dangerous, but dangerous driving causing death was the charge he faced.
He set a starting point of four years' jail given aggravating features such as the loss of traction as he left the car park, failing to stop and check, the fact he was a disqualified driver, and the loss to both whānau.
That was reduced to two years and two months for genuine remorse — the judge described him as ''grief-stricken'' — and the fact he had been on restrictive bail conditions for most of 2020.
He had also pleaded guilty at the first opportunity, against his lawyer's advice.
Takimoana was also disqualified from driving for a further two years and six months.
Judge Shortland said not only had Takimoana lost a partner, but a whānau had lost a mother, a sister and a loved one.
