A 5-year-old boy using a pedestrian crossing was hit by a car. Photo / 123rf
A 5-year-old boy using a pedestrian crossing was hit by a car. Photo / 123rf
After ploughing his car into a 5-year-old on a scooter and launching the boy into the air, Ryan Anscombe "panicked" and drove off.
Fleeing the scene was an impulsive move that has been attributed to the 29-year-old's autism by his lawyer.
"He is described in [a] report as highly autistic and anxiety levels that flow from that, in my submission, do account for that impulsive decision," defence lawyer Paul Keegan told New Plymouth District Court on Friday.
Anscombe, of Taranaki, was appearing for sentence on charges of careless driving causing injury and failing to stop after a crash in relation to the May 26 hit-and-run.
On the afternoon of that day, the boy was riding a scooter on Church St in Feilding when he stopped at a pedestrian crossing with a sibling.
A car heading in one direction stopped to allow them to cross, but Anscombe, who was travelling in the opposite direction, did not slow down and only spotted the child a second before hitting him.
The boy was sent flying through the air.
Ryan David Anscombe appeared in New Plymouth District Court on Friday. Photo / Tara Shaskey
But then, instead of stopping his vehicle and checking on the child, Anscombe reversed, did a U-turn and fled the scene.
The child was taken to hospital with significant bruising, including to his head, and a grazed torso.
In court, Keegan said Anscombe had panicked when he struck the boy and his decision to drive off was an impulsive one.
"He was worried about what might happen from the victim's family and from the police."
While that could be considered a mere excuse for any "normal functioning member of society", Keegan said his client has a history of trauma and has been diagnosed with anxiety and autism.
That contributed to Anscombe's impulsive decision-making, he submitted.
Anscombe was genuinely remorseful for his actions, Keegan said, adding he was prepared to attend a restorative justice conference but that had been declined by the victim's mother.
Police prosecutor John Simes acknowledged the difficulties experienced by Anscombe but said he still had responsibilities as a road user.
"He had a driver's licence at that point in time and he is required to adhere to the road rules just like everyone else."
While the victim's injuries were not considered significant, Simes said they were significant to a 5-year-old.
The court needed to denounce and deter Anscombe's actions, which included him taking three days to front up to police to report his offending, Simes said.
After considering the case, Judge Chris Sygrove ruled the appropriate sentence was one of 12 months' intensive supervision coupled with three months' community detention.
His curfew would be served at his New Plymouth address from 7pm to 6am, seven days a week.
Anscombe was also disqualified from driving for a period of 12 months.
