KEY POINTS:
A grief-stricken family is furious an American tourist who drove on the wrong side of the road, killing their daughter, has been handed just a six-month home detention sentence.
The case is the latest in a series of controversial home-detention sentences - figures released to the Herald on Sunday today show the number of people serving time at home is at record levels.
Motorcycle pillion passenger Julie Ann Smith, 37, was killed when a car driven by Cheryl Blair, 43, collided head-on with the bike - Blair was last week sentenced to six months' home detention.
"Thirty-seven years and she gets six months' home detention?" said Smith's mother, Gaye. "Is that all Julie's life is worth?
"She just moves on and we've got the life sentence. We are devastated at the loss of our beautiful daughter taken from us in her prime."
David Smith said: "We are disappointed with the outcome. How can you measure the loss of our cherished child?"
Blair had earlier been found guilty of dangerous driving causing death to Julie, and dangerous driving causing injury to Julie's partner, Nick Le Bas, 40, who was riding the bike. She faced a maximum five years' prison, a fine of up to $20,000 and at least a 12-month driver disqualification.
Le Bas is also furious with Judge Gregory Hikaka's sentence in the Pukekohe District Court last week.
He was annoyed Blair had staunchly protested her innocence for at least 10 months.
He said her apologies now were too little, too late. "She played the legal system in my books."
Le Bas told the court that he had ongoing shoulder and leg problems, had "vivid flashbacks" of the horrific crash, and had lost his passion for motorcycles.
Le Bas and Smith had been travelling on Awhitu Rd when they rounded a bend and collided head-on with Blair's rental car.
Julie was thrown several metres from the bike and died at the scene, despite desperate attempts by her injured boyfriend to save her.
As well as home detention, Blair must do 200 hours' community work and has been banned from driving for 18 months. She also agreed to pay $5200 - in weekly instalments of $100 - to the family as reparation. Smith's parents said they would donate the money to their sport-fanatic daughter's former Pakuranga Indoor Sports Club.
"There is an empty, hopeless feeling all the time," Gaye said. "Julie's not going to have grandkids and a wedding. That leaves us empty because we see it all around us."
Since Julie's death, Le Bas, who suffered a fractured arm and leg injuries, has been forced out of the Mt Wellington unit the couple shared and had started renovating. He also lost his job as an operations manager for a construction company because "things weren't working out". He believes the accident and after-effects, including counselling, contributed.
"I'm trying to rebuild my life but won't get rid of those images in my head," said Le Bas.
Judge Hikaka found Blair had made a "single dangerous" error but was a woman of "good character" and had shown "remorse".
She had no previous convictions and had contributed to society in her job in the United States Federal Immigration Service, he said.
Her defence lawyer, Paul Borich, told the court she had worked in covert immigration operations, at times posing as an alien to be smuggled in and out of America. "She has just lead a blame-free life."
Other personal circumstances taken into account by the judge have been suppressed.
Blair, in the country on a visitor's permit, last week gained a work permit. Her partner is a New Zealand citizen and she is looking to emigrate from America.
* Government rethink on home detention
The number of offenders on home detention is at record numbers - and the new Government believes some of them should be in jail instead.
Just under 2700 people were given home detention in the 12 months to September 30 - the annual figure hovered between 1200 and 1900 in the previous five years.
The big increase comes on the back of changes to the Sentencing Act in October last year. Under old legislation, a person went to prison and the Parole Board decided if they could serve their sentence from home. Under the new rules it is a stand-alone sentence, which courts can impose.
Concerns have been raised that some offenders are now receiving a slap on the wrist. New Corrections Minister Judith Collins approves of home detention but said it hadn't been used appropriately in some cases.
* Staying at home
October 2008
Michael James Bensley, 18, sentenced to 10 months' home detention after his car killed Elizabeth Hart, 20, in Christchurch in June.
Tracey Louise Calder, 37, seven months' home detention after driving drunk and killing her husband Anthony David Calder, 45, and her teenage son's friend, Matthew David Beaumont, 14.
September 2008
Jason Peters 12 months' home detention after crashing head on near Maramarua into Michelle Davies, 38, her husband, Greg, and daughter, Gemma. Michelle was seriously hurt in the accident.
Daniel James Wheeler, 31, a year's home detention after he admitted drink-driving causing the death of Nathan King, 28, in a head-on collision.
Philip Alexander Seyb, 21, 12 months' home detention for dangerous driving causing the death of his best friend Dylan Jon Moodie, 19.
August 2008
Justine Mary Schou, 27, 12 months' home detention for the death of Karl Edwards in Wellington. She was nearly twice the legal blood-alcohol limit.
Jay Antonio Borrows, 24, four months' home detention after he killed a bystander at a New Plymouth boy racer spot.
July 2008
Van Ruong Tran, 47, six months' home detention for causing injury while drink- driving.
June 2008
Lynette Carol Wescott, 44, 12 months' home detention after pleading guilty to drink-driving causing the death of jogger Brendan Dance, 24.
