The mother of a man killed in a boating incident in Tauranga harbour is calling for stricter laws to be made regarding intoxication while driving a boat.
Lisa Graves' son, Clayton Graves, was killed on October 4, 2019, after his friend Guy Appleton took him for a boat ride after midnight.
Appleton crashed into rocks, causing Clayton to be ‘flung into the windscreen' resulting in ‘substantial internal bleeding' from tears to the liver and kidney, according to Justice Gordon's pre-sentencing remarks.
He was then 'left to bleed out” while Appleton failed to get help, according to Lisa's victim impact statement.
She describes her pain as 'immeasurable”.
'If you're the captain of a boat don't drink.
'The loss of my only son will forever affect me in ways I can't imagine, from a senseless and preventable act.”
Under Maritime NZ rules, you can be prosecuted for operating a boat in a manner that causes unnecessary danger under section 65 of the Maritime Transport Act.
'As a skipper, you're responsible for the safety and wellbeing of everyone on board your boat. A responsible skipper will never operate under the influence of alcohol or allow an intoxicated person to operate their boat,” says a statement on the Maritime NZ website.
'Skippers on board a vessel should always be capable of performing any tasks required of them. This is particularly important on the water, where an emergency requiring action may arise at any time.”
In Tauranga High Court on Wednesday, Appleton was sentenced to a minimum of two years and seven months in prison after earlier pleading guilty to manslaughter.
During sentencing, Justice Christine Gordon says the principal aggravating factor was his consumption of alcohol.
'Mr Graves died in circumstances that were entirely preventable. Your actions went beyond careless, they were reckless.”
She says Appleton's speed was four times over the legal limit, resulting in the crash.
He did not use GPS, a first aid kit, nor attempt to call for help, says Justice Gordon.
Instead, Appleton sat on the rocks for around six hours, before passerby's approached.
'Passerby's came, but you said ‘no he's fine, he's asleep'.”
At around 7.20am another member of the public came by who noticed Clayton was 'in a bad way”.
When emergency services arrived, they estimated he had been dead for about 4- 6 hours.
In her pre-sentencing remarks, Justice Gordon said Lisa's pain was 'insurmountable”.
'Every day she feels her son's death. The ongoing suffering is emotional, psychological, and physical.”
Justice Gordon says Appleton 'failed to fully grasp the enormity of the repercussions of his actions”, and there was 'limited genuine regret identified”.
Lisa says she tried to reach out to Appleton expecting an apology, but 'got nothing”.
Appleton's defense lawyer expressed deep condolences on behalf of Appleton, saying his remorse was genuine but he had trouble expressing his feelings.
He says he was 'dazed and confused” and did not appreciate the seriousness of the accident.
'If he has no recollection there's little else he can say, and while that's unacceptable from the family's point of view, it is what it is.
'There's no textbook to how a person should react in such a situation- this should not be mis-interpreted as a lack of remorse.”
Justice Gordon says manslaughter consists of killing someone by an unlawful act, which in this case was exceeding 5 knots within 200m of a shoreline or structure.
Appleton was estimated to have a blood alcohol level of between 110-220mgs per litre.
He has two previous convictions for driving carelessly.



4 comments
Boating chaos
Posted on 04-02-2021 13:02 | By Kiwi 58
All boat owners and boats should be licensed and registered. Why do Kiwis thinks it’s their birthright to operate any vessel without a license or knowledge of maritime rules. Commercial operators are required to adhere to the rules and be certified whilst sharing the water ways, channels and ocean with unlicensed boat owners. It is a legal requirement to have a VHF operators license and call sign, yet most people don’t understand or simply don’t care. The dangers on the water are ever present and no one has the right to endanger family, friends and or other vessels. Unfortunately this mindset is ingrained into society and will take some effort to change, even though we see classic examples of boat rage and just bad behaviour.
I really feel for the mother’s preventable and avoidable loss
Posted on 04-02-2021 19:35 | By RJP
I really feel for the mother’s preventable and avoidable loss. Unfortunately, this is not the first time this has happened in the Bay of Plenty and unfortunately it may not be the last where someone is seriously injured or another death has occurred through our lax outlook on boating. I agree whole heartedly with “Kiwi58” and his comments My boating experience goes back close to 60 years and some of the behavior and flouting of basic rules are getting worse by the year, It is about time the policy makers and politicians grow some balls and legislate,
I really feel for the mother’s preventable and avoidable loss (2)
Posted on 04-02-2021 19:36 | By RJP
#1 Registration of all power vesicles (the system is all ready in place with the jet skis) #2 Licensing of all power boat users (NZ is one of the very few countries that don’t) #3 Zero alcohol and random breath and testing of all skippers at the ramp #4 a Dedicated water police and not just the regional council harbour patrols. Sound hard I know but as a recreational boat user, At the boat ramps I often watch in horror the behaviour and the alcohol that is loaded onto some boats, It’s not pretty sometimes I call out Maritime NZ, Coastguard NZ and the local Harbour master every chance I ger hoping that one day the message will get through and they will not just continue do lip service to boating safety
I really feel for the mother’s preventable and avoidable loss (3)
Posted on 04-02-2021 19:37 | By RJP
I call out Maritime NZ, Coastguard NZ and the local Harbour master every chance I ger hoping that one day the message will get through and they will not just continue do lip service to boating safety The Minister and the policy makers need to get over themselves and make a stand sooner than later. How many more do we have to kill before someone realises enough is enough
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