Grieving family 'let down by law' | Northland News | Local News in Northland

The family of a Northland woman killed by a repeat drink-driver say they have been let down by the justice system.

Warren Jenkins, 49, formerly of Whangarei, was sentenced in the Auckland District Court on Wednesday to four years' jail for killing Kerikeri mum Katherine Kennedy.

Jenkins was driving at almost double the limit about 8am on March 17 after a night of drinking when he crossed the centreline on State Highway 10 south of Kerikeri, slamming into Ms Kennedy's car. A witness said Jenkins and his Whangarei passenger were "so drunk they could barely walk".

Under current law, Jenkins could be out of jail in less than three years' time.

Judge Emma Aitken said Jenkins' driving record was one of the worst she had ever seen and she would have imposed a harsher sentence if the law allowed it.

The maximum penalty for drink-driving causing death is five years, but he received a 20 per cent reduction for his early guilty plea.

Judge Aitken set a minimum non-parole period of two years and eight months.

Jenkins had been out of jail for only 10 days after a previous drink-driving conviction.

He was disqualified indefinitely from driving in 2007, but given his track record - he now has 18 convictions for drink-driving and 19 for driving while disqualified - Ms Kennedy's family fear he will drive again once he is released.

Brother Chris Kennedy of Kerikeri said it seemed the courts valued the freedom of criminals above the lives of innocent people.

Police spent a lot of time and taxpayer money picking up drink-drivers over and over again, only to have the courts impose "token" sentences.

He also questioned the disparity in penalties for different types of crime. Drink-driving causing death carries a maximum five years' jail; unlawfully taking a motor vehicle, which Jenkins was also charged with, up to seven years in prison.

The family was shocked when Jenkins was repeatedly granted bail, despite fleeing hospital before police had finished interviewing him. He was released on bail, but twice breached his conditions. Each time police arrested him he was again let out on bail.

Mr Kennedy said knowing that Jenkins was "roaming around probably still drinking and driving", even as his sister was being buried, made the tragedy even harder to take.

"Why does the system let this happen? The politicians in a position to do something don't seem to have the guts, despite the overwhelming public mandate. It's time the Government showed some leadership."

Another brother, Hamish Kennedy, said he had assumed one of the main objectives of the legal system was to protect society from people like Jenkins.

"But I've been struck by the unfairness of a system that appears to be biased towards protecting the rights of criminals over delivering the protection and justice I'd taken for granted.

"This will be his 18th conviction for drink-driving and he'll be released in a few years."

Jenkins had been charged with drink-driving causing death, drink-driving causing injury, drink-driving for a third or subsequent time, driving while disqualified for a third or subsequent time, unlawfully taking a motor vehicle and assault.