Garry Harvey was sentenced in the Dunedin District Court on Wednesday afternoon. Photo: RNZ / Nate McKinnon
A man who caused the death of his fiancee after driving through a flooded ford near Dunedin last year has been sentenced to home detention.
Garry Harvey and the family of Sarah Shirley shared hugs following a conciliatory sentencing in the Dunedin District Court on Wednesday afternoon.
Shirley drowned after Harvey's four wheel drive rolled in Silverstream during wild weather in July last year.
Harvey had attempted to cross the flooded ford after a friend arrived at his Dunedin home and told Harvey how he had negotiated three fords at Whare Flat on 12 July 2022.
Harvey had recently bought a new vehicle and having put new tyres on it wanted to see how it would perform in the flooded waterway.
The vehicle was swept off the ford by the power of the water and rolled onto its roof.
It was washed 20 metres down the stream.
Harvey and his friend had taken their seat belts off and opened their windows in preparation of crossing the ford.
Shirley did not and was trapped in the vehicle.
The following month, while intoxicated, Harvey went to his friend's home and got into a confrontation with him.
Charges of burglary and intimidation were laid as a result.
The court heard Harvey had shown genuine remorse for what happened and would have to live with the death of Shirley for the rest of his life.
"They had been living together for 10 years and were engaged. We could see how much they adored each other," a victim impact statement, prepared by Shirley's parents, said.
"It was an accident. We can even see Sarah sitting in the backseat and telling Garry to keep on going.
"The accident and losing Sarah is something he will have to live with for the rest of his life. His two young girls have also suffered and need to have him around."
Shirley's family did not want Harvey sent to jail.
Judge David Robinson said the forgiveness expressed by Shirley's family weighed on his final sentence, as did Harvey's genuine remorse.
"The sentence I impose in this case is a little outside the usual one of such matters," he told Harvey.
Harvey was sentenced to seven months' home detention on the charge of reckless driving causing death.
He received concurrent sentences of two months' home detention and one month's home detention on the charges of burglary and intimidation.
Harvey was also disqualified from driving for one year.
