A woman who hit and killed a young girl while drunk and high on methamphetamine has been sentenced to four years and five months in prison.
Terina Pineaha fatally hit 11-year-old Emma-Jane Kupa with her car while the girl was biking to a dairy in Flaxmere, Hawke’s Bay, in January.
In May, the 34-year-old mother of five admitted to a raft of charges, including manslaughter, and was on Friday was sentenced in the Napier High Court.
The public gallery was filled mainly with Emma-Jane’s whānau, but also several of Pineaha’s family members.
When the sentence was read out, several members of Emma-Jane’s family walked out, saying it was “bullshit” and that Pineaha should “get a lifetime, bro”. One addressed the judge, saying: “That’s wrong, sir.”
Emma-Jane a ‘beautiful child’
Emma-Jane’s mother Shannon Davis was sobbing as she read her victim impact statement to the court, telling Pineaha she had ruined their lives forever.
“You didn’t just kill our baby. You took a sister, cousin, niece, friend and moko away that was loved endlessly by so many.”
Davis took time to explain how special her daughter was.
“Our daughter was a beautiful, spiritual headstrong child. She was quiet at times, loved her anime movies and cooking – a beautiful child who should of lived her teenage/adult years and got to grow old with her siblings, to one day have her own whānau, accomplish all of her dreams and live her best life.
“But you took that away from her.”
Pineaha, a mother of five, was also sobbing and covered her face as Davis kept talking.
“We must now live with the consequences of your actions… how is it fair that you get to continue living your life?
“Your actions not only destroyed our lives, but our whole community. You will never understand the pain you have caused within our family. The emptiness we feel within our whānau is unexplainable.”
Davis said the family was seeking justice, and at the end of her statement asked Justice La Hood why Pineaha did not stop and check on Emma-Jane when she struck her with the car.
“I don’t think you’ll get an answer to that today,” Justice La Hood replied.
Pineaha had previously admitted charges of manslaughter, consuming methamphetamine, wilful damage, driving with excess breath alcohol, dangerous driving and failing to stop.
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‘You are genuinely remorseful’
In court on Friday, Pineaha was visibly shaken and upset, often covering her face with her hands.
She did not speak in court, but her defence lawyer Philip Ross did on her behalf.
“She acknowledges nothing I say, nothing she does, will ever restore your daughter… for that she is truly remorseful,” he said.
Before reading out her sentence, Justice La Hood addressed the family and thanked them for being there.
“No sentence I impose today could make up for the loss of Emma-Jane, the loss of what has been taken from you.”
Justice La Hood told Pineaha there were several factors that aggravated sentencing, such as her consumption of alcohol and meth, speeding over 100km/h in a residential area and a prolonged pattern of bad driving.
“I consider the highest starting point of seven years more accurately reflects the serious culpability of your offending.”
But he said because she pleaded guilty early, and her personal circumstances, a final sentence of four years and five months was appropriate. The judge also noted her behaviour in court, and that it influenced his final sentencing decision.
“I consider you are genuinely remorseful and an additional reduction is appropriate.”
Justice La Hood said it would be up to the parole board to decide if she would be released early from prison or not.
Pineaha drunk and high
In May, the court heard how on January 30, Pineaha was driving to the home of the woman she was convinced was sleeping with her partner when she fatally ploughed into the young girl, who was biking with her sister to the dairy.
Just before the crash, Pineaha’s car reached estimated speeds of up to 105km/h in a 50km/h zone. Shortly after the car’s speed was recorded, she struck the 11-year-old on the Chatham Rd crossing in Flaxmere.
Emma-Jane was cycling behind her 15-year-old sister, who was on a scooter, on their way to the dairy on Scott Drive.
The impact threw Emma-Jane into the air, before she landed 25 metres away on a grass verge, beside Ron Giorgi Park.
Pineaha’s borrowed Holden Vectra slid on the wet road over the footpath and grass verge, striking 10 wooden posts on a chain fence before coming to a stop.
A pedestrian approaching the crossing just before the crash felt the wind from Pineaha’s car as it passed him.
Members of the public rushed to Emma-Jane’s aid, performing CPR until emergency services arrived. But she could not be revived, and died at the scene from head injuries.
Emma-Jane’s mother told the court on Friday how the traumatic event would live with them forever, especially the older daughter Saige, who witnessed the whole thing.
“The sight and sound of your car striking her sister and watching her body get thrown into the air will be forever etched into her memory.
“What gives you the right to take my baby’s life? And further, inflict trauma on my other baby Saige?”
The court heard that at the time of the incident, Pineaha was serving a one-year sentence of supervision for possessing methamphetamine and other charges. She was also convicted of possessing methamphetamine in 2018.
rnz.co.nz
