Taranaki man gets curfew for crushing partner between car and wall during argument

Wayne Clifford Smith crushed his girlfriend between the vehicle he was driving and a concrete wall. Photo / Stock Image 123rf

A couple's argument took a devastating turn after the man attempted to remove his girlfriend from his property but ended up crushing her between a car and a concrete wall.

Wayne Clifford Smith, 45, had been in a relationship with the woman for around 18 months when she arrived at his Waitara, north Taranaki, address pleading to talk.

Smith told her to leave but while still sitting in her vehicle, she continued to beg him for a conversation, New Plymouth District Court heard on Friday.

He responded by opening her car door, grabbing her by the throat, kicking her in the stomach and spitting in her face.

Smith then pulled the woman from the car and got behind the wheel himself in a bid to move the vehicle.

As he did this, the woman pushed herself through the driver's side window.

But this didn't stop Smith from moving the car, as he proceeded to drive at speed along the driveway which was adjacent to a concrete wall.

As a result of the proximity of the wall to the driveway, the woman became crushed between the car and the wall.

She suffered fractured ribs and lacerations to the right side of her body.

Wayne Clifford Smith appeared in New Plymouth District Court on Friday. Photo / Tara Shaskey

Smith continued to drive the vehicle to the road and parked it.

He returned to the woman who had collapsed on the driveway but instead of helping her, he kicked her leg and told her to leave his property.

But she was unable to move because of her injuries.

Smith went inside and a short time later he returned to the woman and asked if she needed a hand.

She refused his help but was later given a cell phone by another occupant of the address.

Smith left the property and the woman phoned for an ambulance.

She was transported to hospital where she was treated for two fractured ribs, and contusions to her abdomen, hip, chest, and eye.

When police spoke to Smith about the incident, he admitted spitting on the woman but told officers he never kicked her or put his hands around her throat.

He said her injuries, caused by his driving, were an "unfortunate accident".

In court, defence lawyer Julian Hannam said the facts of the case were not "entirely straightforward" and "somewhat unusual".

He said his client's aim on the day of the offending was not to engage in an act of violence but rather to remove the woman from his address.

There had been ongoing communication between the couple throughout the day and the woman was determined to go to his house and speak to him, Hannam said.

"He was not open to her remaining there."

After the incident, the couple resumed their relationship for a brief period of time, during which Smith apologised to the woman for the harm he had caused her.

Smith wished to pay the woman $3000 in emotional harm reparation, Hannam said, who submitted a sentence of community detention would better accommodate his client's employment.

Police prosecutor John Simes said the woman had suffered physically, emotionally and financially.

Because of the injuries, she wasn't able to work for a number of months and was forced to close her business.

Simes said a substantial reparation payment was appropriate in the circumstances and 18 months' imprisonment.

Smith, who has a criminal history that spans both New Zealand and Australia, was considered a moderate risk of harm to others, Judge Murray Hunt said.

The judge said it was obvious that the incident, which occurred on October 24, 2020, was not meant to escalate as it did.

"What unfolded was easily avoidable."

On admitted charges of assault on a person in a family relationship and reckless disregard causing injury, Judge Hunt sentenced Smith to six months of community detention.

He was also given 200 hours of community work and ordered to pay the woman $3000 in emotional harm reparation.