Sentencing — failing to stop to ascertain injury — fatal accident — driving — home detention — disqualification — alcohol — cannabis — restorative justice. The defendant appeared for sentencing after pleading guilty to one charge of failing to stop to ascertain injury in a fatal accident. He had hit a young girl with his car and continued driving resulting in her death. He turned himself in to police the next morning. The police submitted the starting sentence should be 18 months' imprisonment as the defendant had engaged in risk-taking. He had consumed alcohol and cannabis before he drove and his car did not have current warrant of fitness. The defendant also had demerit points which the police submitted showed an attitude of risk-taking. Counsel for the defendant submitted that the defendant's culpability lay in his breach of the legal and moral duty to stop and face the consequences of his driving. It was submitted that the accident occurred so quickly the defendant had limited time to respond and it is a common reaction to panic, be afraid or be in shock. Also, the car was not defective and would have passed its WOF. Counsel submitted a starting point between 10 and 14 months. The Judge adopted a starting point of 16 months' imprisonment to recognise that the defendant's risk-taking likely impacted his poor response. The defendant had met with the deceased girl's family and created a list of actions he was going to take in an attempt to make amends. He showed genuine remorse and had complied with stringent bail conditions for four months. The Judge allowed a four month discount for these factors. A further 25 per cent reduction for early guilty plea brought the sentence down to eight months' imprisonment. As the sentence was less than 24 months' imprisonment, the defendant was eligible for home detention. Family of the deceased had, through restorative justice, said imprisonment would achieve nothing. The Judge converted the sentence to four months' home detention. The defendant was disqualified from holding or obtaining a driver's licence for 12 months, sentenced to six months' post-detention conditions and was to pay $4000 reparation at a rate of $40 per week. Finally, the defendant had agreed to keep the car involved in the accident off the road for 12 months, as the community was small to give the family of the deceased time to grieve. Judgment Date: 27 February 2019.