Kathy Sexton was known to a lot of people in her community and had worked as a manager at New World for almost 30 years.
Kathy Sexton was known to a lot of people in her community and had worked as a manager at New World for almost 30 years.
Dave Mollett stares at the empty chair where his partner once sat, haunted by nightmares of two constables knocking on his door to tell him the much-loved grandmother had died in a car crash.
Now, Kathy Sexton’s killer, a recidivist drink driver who was more than three times the legal limit when he caused the fatal crash, has successfully appealed his sentence, reducing his jail time.
Sexton, her teenage grandson and his friend were returning from Greymouth with takeaways at 6.20pm in April last year when Brian Ralph Lewis crossed the centreline and sent both their cars airborne. Sexton, 56, died at the scene, while the young passengers were flown to Christchurch Hospital with critical injuries.
Lewis, who has 43 driving convictions including drink driving, dangerous or careless driving, and driving while disqualified, was sentenced to three years and two months imprisonment in March. The 66-year-old, who was also banned from driving for four years, appealed his sentence.
Mollett told NZME he almost fell to the floor when he recently received an email from the courts confirming Lewis’ appeal had been allowed, shaving five months off his jail time. He now has an end sentence of two years and nine months.
“It was horrifying. My mind was quite blank for a while and then just a big rush of anger and sadness. Opening emails now is scary at the best of times.”
Kathy Sexton will be remembered as an "extremely funny, generous and kind" person who would do anything for anyone.
“The way they treated it [the appeal] is like a fish market, discounts here and discounts there, it was horrifying. You just want to break down in court and cry.”
Mollett, who was with Sexton for 28 years, described the pain of trying to fall asleep each night, visions of the two constables at his door plaguing his mind.
“When you see two constables standing at your door, you know it’s going to be bad. Nothing prepares you for that moment.”
Mollett believes Lewis has “no remorse whatsoever” and said there will never be any closure for Mollett and his family.
When asked how Mollet will remember Sexton, there was a chuckle and a long pause.
“She was a pretty beautiful person,” he whispered.
“She was so giving, she would do anything for anybody. Now she’s just gone.”
Mollett finds himself staring at Sexton’s empty chair, coming to terms with the fact she won’t sit there again.
“It’s gut-wrenching. It’s a total nightmare.”
The appeal
Lewis had a blood-alcohol count of 183ml — more than three times the legal limit - when he went over a bridge on State Highway 7, lost control and crossed the centreline near Stillwater. He was also critically injured.
Police charged him with driving with excess blood alcohol and causing death, plus two charges of driving above the limit and causing injury. During his sentencing, Lewis sat in court in a wheelchair and with an oxygen tube.
This month Lewis took his case to the Christchurch High Court to appeal, his lawyer Anselm Williams arguing the sentence imposed was “manifestly excessive”.
On May 16 Williams raised the issue of “unfairness”, after four months was added to Lewis’ sentence when the judge heard an updated victim impact statement.
The court heard the victim impact statement of one of the passengers was updated after it was discovered his injuries would have lifelong impacts.
Anselm said Lewis accepted a sentence indication with a starting point of three years and 10 months imprisonment but argued that while the offending caused “very, very serious harm”, the extra four months was “excessive” as Lewis wasn’t told this would be a possibility of the sentencing process.
Kathy Sexton's daughter Emma Hands (right) was heartbroken when she discovered the man responsible for her mother's death was getting his jail time reduced.
Justice Jonathon Eaton said the criminal law didn’t take into account the number of people affected by the death of someone to increase the sentence or see it as an aggravating factor.
He said it must have been apparent to the sentencing judge that Sexton was loved by many people and the outcome of the crash was traumatic for those involved but it was important the courts were consistent with sentencing.
Hands believes it sent a dangerous message to society, reinforcing the idea that there are “hardly any repercussions” for this type of crime.
She said she will remember her mother as being “extremely funny, generous and kind”, traits she passed on to her family.
“Even though the world feels like a horrible place right now we will still keep living on her legacy in that way because the world needs some kindness.”
Sexton, who lived in Ngahere near Greymouth, was a manager at the local New World for 28 years.
“[She was] just a real friendly face in the community. The customers, some of them would just stop and chat to her,” her son Damian Hands earlier told the Herald, paying tribute to a “beautiful mum”.
