July 28, 2010

Youth admits driving caused fatal crash

modifications to car admitted

An 18-year-old youth has admitted killing four-year-old Nayan Woods when his out-of-control car skidded onto the footpath and crushed the boy as he was walking along Linwood Avenue.

Ashley David Austin pleaded guilty at his first appearance in the Christchurch District Court today and Judge Noel Walsh remanded him on bail for sentence on October 20.

He admitted dangerous driving causing the death of Nayan Woods, injuries to his six-year-old brother Jacob, and injuries to their mother Emma Woods. He also admitted operating a modified vehicle which the police said was not suitable for public roads.

The judge called for a pre-sentence report, and emotional harm reports and victim impact reports on the injured family members.

Defence counsel Jonathan Eaton said a possible arrangement for a restorative justice meeting “continues to be addressed between the families”.

Police prosecutor Sergeant Ayson Williams said Austin had been working as a shop assistant on May 21 when he left Eastgate Mall in Linwood, in a Nissan Sylvia car. He had not been drinking.

The car was registered to his mother but he had been the operator of it for the previous two months.

As he turned into Linwood Avenue he accelerated hard and his car made a loud noise. He did what was described by a witness as “a controlled drift”. As he changed up into second gear, the rear of the car swung out and he lost control.

It crashed backwards across the footpath and into a fence, striking the three members of the Woods family. Emma Woods received bruising, Jacob received multiple injuries including broken bones, and Nayan Woods received non-survivable injuries. He would have become unconscious immediately and death would have been rapid, said Sergeant Williams.

The Nissan had been modified and some of the changes did not comply with the traffic regulations. It had modified springs and the shock absorbers had been lowered. The lowered suspension allows the car to slide more easily but it was only suitable for restricted areas and not on public roads.

Mr Eaton said Austin’s loss of control was caused by excessive acceleration and loss of control, and not by deliberate drifting.