Ryan Phillips was walking home from a work party when he was struck by a vehicle and critically injured in Otatara last September.
A man who ran over a teenager, leaving him fighting for his life, has avoided a conviction.
Rowan Knol, 22, appeared in the Invercargill District Court yesterday after pleading guilty to one charge of failing to stop and ascertain injuries after a crash.
Judge Duncan Harvey granted the defendant a discharge without conviction and did not disqualify him from driving.
Knol had paid the victim $4000 and completed more than 160 hours voluntary community work, the court heard.
On September 25 about 6.15am, the victim, Ryan Phillips, was walking home from a work party.
CCTV footage showed him laying down on the road near a roundabout in Marama Ave South and falling asleep.
A member of the public noticed the man, and parked their car 23m away with their hazard lights on.
Meanwhile, Knol had also been drinking and had slept at a friend’s house. He woke up and set off home about 6am.
Knol saw the parked vehicle and noticed the occupant waving their arms. He believed they were in trouble, and focused his attention on them, rather than the road ahead, the court heard.
He saw Phillips on the road and swerved, but it was too late. He ran him over and drove away.
Knol turned himself in to police three days after the accident.
Phillips was flown to Dunedin Hospital and placed in an induced coma for almost a week.
He said when he woke up, he was afraid and disoriented.
“This has been a very hard, painful journey so far and there is still a long way to go,” he said.
“I have learnt something from my mistake and I hope the driver has as well.”
He said the list of injuries he had suffered was “daunting”.
The court heard they included fractures to all his left ribs, a skull fracture, a broken wrist and punctured lungs.
The victim’s father, Nathan, said he had no anger towards the driver at the beginning.
But his attitude had changed.
“It’s a hard one really. I tried being happy about it all, and he’s done the right thing, he’s handed himself in. But I’m not so sure now,” he said.
“The outcome of the restorative justice meeting that we had with him, that sort of changed my attitude quite a lot.
“His apology and the words he used in his apology, it kind of hit some nerves. It wasn’t very good, actually.”
Judge Duncan Harvey said the court had “great sympathy” for Phillips and his family.
He commended Knol for turning himself in and admitting all details, including consuming alcohol, to police.
“I am satisfied that you have learned lessons that will be life-long,” the judge said.
“The fact remains Mr Knol, that had you stopped on this morning, the victim’s injuries would still have been caused, the only difference would be that you did not commit a criminal offence.”
The court heard the defendant wanted to be a helicopter pilot, and a conviction would make that difficult.
A letter from Knol’s employer confirmed it would be unlikely he would pass the prerequisite fit and proper person test if convicted.
“That would be a personal tragedy for you,” Judge Harvey said.
He ordered Knol to pay $2000 more to the victim.
The 36-year-old died on December 19.