Marshall Higginson was sentenced in the Hamilton District Court today for driving under the influence of drugs causing the death of his best mate in 2019. Photo / Mike Scott
Marshall Higginson was sentenced in the Hamilton District Court today for driving under the influence of drugs causing the death of his best mate in 2019. Photo / Mike Scott
A Taranaki man who killed his best mate after crashing while under the influence of a cocktail of drugs has avoided jail.
Instead, Marshall Darrin Higginson, 23, will now serve a 10-month home detention sentence at a house with the brother of Hayden Bartlett, who died after Higginson failed to take a bend on State Highway 3, near the intersection of Mangakowhai Rd, south of Piopio on December 30, 2019.
It was around 6am by the time they reached the scene that morning.
Bartlett had asked Higginson to drive him to Auckland.
They left early and nearing Piopio, Higginson was tailgating a truck, and had been seen on five occasions trying to pass it.
He finally took his chance - on the brow of a hill.
While that was successful, he failed to negotiate the upcoming bend and crossed the centre line, crashing into an oncoming vehicle being driven by a local 53-year-old woman heading to her job at a nearby orchard.
"Just after 6am a car came around the bend on my side of the road," the married mother-of-three told Justice Jonathon Down in the Hamilton District Court in her victim impact statement today.
"My first reaction was to get out of the way. I pulled hard to the right but crashed into the left hand side. the air bags blew up and the car started spinning.
"I thought I was going to die."
The woman said her colleagues, who were travelling a couple of vehicles behind her at the time, were still traumatised by witnessing what happened.
She suffered such serious leg injuries she had to give up her beloved job of five years and her car - which was so new she hadn't had a chance to insure it - was written off, as was Higginson's.
Higginson had a fateful cocktail of drugs in his system, including MDMA, cannabis and methamphetamine.
However, in sentencing him to 10 months' home detention today, Judge Down said it was unknown what sort of impact that would have had on him at the time.
Higginson's counsel James Gurnick said despite the drugs being in his system, a police crash report indicated that fatigue was likely a key factor.
He said his client had mentioned to his mate prior to crashing that he was tired and they were due to swap over when they reached Piopio.
Marshall Higginson avoided jail after being sentenced in the Hamilton District Court for driving under the influence of a controlled drug causing the death of his mate. Photo / Mike Scott
But Judge Down said he couldn't reconcile how one could be so alert to make so many overtaking attempts, before carrying out the manoeuvre safely, and then immediately becoming so weary he crossed the centre line.
"I do struggle with the conclusion that requires me to accept you carried out an overtaking manoeuvre and in a matter of course, you lost control becoming weary almost instantly afterwards.
"That doesn't make sense. Everyone is more alert when they're carrying out a manoeuvre and I believe you would have been."
The judge said it would remain unknown what impact the three drugs found in his system would have had on him that day, despite Higginson telling a truck driver at the scene after the crash that he was "wasted".
Gurnick said his client had "demonstrable" remorse, and he also tried to push for some sort of discount given his client's addiction to methamphetamine, but that was dismissed by Judge Down as he said there was no causative link - between the drug taking and the driving.
"The fact you were addicted did not force you into a vehicle to drive .. and is not the sort of case where any discount can be applied due to addiction."
After issuing a starting point of three years' prison, Judge Down gave a total of 45 per cent discount for issues including remorse, attending restorative justice, good character and offering to pay $11,500 reparation in one lump sum payment to the surviving victim.
He also took into account the Bartlett family's wishes of not wanting to see Higginson behind bars.
He was still young - 21 at the time of the crash - a first offender with mental health issues and vulnerabilities, Judge Down found the interests of justice were not served by sending him to prison.
"It would be destructive for you and your future.
"The thing that impresses me a great deal about the Bartlett family is that they have able to embrace you despite what happened.
"You are living with Hayden's brother and they have expressed the wish that you not go to prison ... there's no doubt that this is not something that is effectively to live with and you will live with it for the rest of your life, I know that .. and in some ways it doesn't matter what this court does to you."
Higginson didn't pursue a permanent name suppression order.
He was sentenced on charges of driving under the influence of a controlled drug causing the death of 38-year-old Bartlett and driving under the influence of a controlled drug causing injury to another woman.
