
The family of Emma-Jane Kupa, an 11-year-old fatally knocked from her bike by an angry and intoxicated drug-using driver, wants her killer given a longer sentence.
鈥淚t鈥檚 not even justice,鈥 Emma-Jane鈥檚 mother, Shannon Davis, said yesterday.
鈥淚t鈥檚 pretty much just a slap in the face,鈥 she said, talking about the prison sentence of four years and five months handed to Terina Pineaha for Emma-Jane鈥檚 manslaughter.
Pineaha, a 34-year-old mother of five, fatally hit Emma-Jane on January 30 this year. She was sentenced in the High Court at Napier last Friday.
The court was told that she was over the drink-drive limit, had been using methamphetamine and was driving at nearly twice the speed limit on the wrong side of the road in a residential part of Flaxmere, Hastings, when she struck Emma-Jane.
Terina Pineaha during her appearance in the High Court at Napier for sentencing over the manslaughter of Emma-Jane Kupa. Photo / RNZ
The girl鈥檚 death was witnessed by her 15-year-old sister, who was riding a scooter alongside her.
Pineaha was enraged by the idea that her boyfriend may have been having an affair and had just come from his house, where she deliberately drove into another woman鈥檚 vehicle three times.
Shortly before hitting Emma-Jane, Pineaha rear-ended a van at a roundabout and then narrowly missed another car as she drove away.
She also left the scene after hitting Emma-Jane.
The High Court was told that Pineaha had 29 previous convictions, mainly for dishonesty.
鈥淚t [the sentence] is pretty much saying that it鈥檚 all right to do manslaughter,鈥 Davis told 九一星空无限.
鈥淵ou鈥檙e only going to be looking at four years for her 29 convictions.
鈥淧retty much my daughter鈥檚 life was worth nothing.鈥
Tributes were left to Emma-Jane at the spot where she was killed. Photo / Rafaella Melo
Since the sentencing, Emma-Jane鈥檚 family has launched an online petition calling for 鈥渞eal justice for Emma-Jane鈥 and an increase in Pineaha鈥檚 sentence.
By Monday afternoon, it had gathered nearly 2000 signatures.
鈥淚f she would at least have got six [years], we would have been able to, you know, move on,鈥 Davis said.
鈥淪ix years is a fair enough time, but four is just a kick in the face.鈥
The online petition calls for the Crown Law Office, which prosecuted the case, to appeal the sentence.
Such an appeal would have to be made in the Court of Appeal.
Davis said that lawyers had told the family that any such appeal 鈥渋s not going to be easy鈥.
But Emma-Jane鈥檚 relatives say the family is 鈥渂roken鈥 and its community deserves justice.
鈥淧lease stand with us and demand the sentence be increased to better reflect the seriousness of the crime and protect future tamariki,鈥 the petition says.
When Pineaha was sentenced by Justice Dale La Hood, the Crown prosecutor, Clayton Walker, sought a starting point for calculating her sentence to be set at seven to seven and a half years.
Pineaha鈥檚 counsel, Philip Ross, argued for a starting point of six years plus an uplift for several driving, wilful damage and offences committed on the day Emma-Jane died.
Justice La Hood began with a starting point of seven years, uplifted it by three months for Pineaha鈥檚 criminal history, then deducted 25% for her guilty plea.
He gave a further discount of 15% for her personal circumstances, which included a childhood exposed to alcohol, drugs and violence, including a short time in state care, her battles with addiction and for remorse.
After the discounts were applied, he came to an end sentence of four years and five months, with no minimum non-parole period.
Pineaha鈥檚 release date will be determined by the Parole Board.
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined 九一星空无限鈥檚 Open Justice team in 2022 and is based in Hawke鈥檚 Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.
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