Siupeli Koula Laula (22) received a fully suspended 19-month prison sentence for causing bodily injury while driving under the influence of alcohol.
Laula crashed into another vehicle, injuring the driver, Vili Haumatakali, who sustained a broken bone in his thigh.
Justice Tupou handed down the sentence on 7 May in the Supreme Court, Nuku’alofa, following Laula's guilty plea in March. The judge stated that the offence took place on the night of 23 July 2024. Laula had been drinking at Reload Bar with another person and left when the bar closed at midnight. He drove them north on Taufa’ahau Road towards Havelu.
At the same time, the complainant Haumatakali was traveling south on Taufa’ahau Road towards Fasi. When Laula reached the LDS Middle School in Havelu, Haumatakali was at the same spot on the right side of the road. Laula suddenly turned right into the opposite side of the road and into oncoming traffic, colliding with the front of Haumatakali's vehicle. Haumatakali was rushed to the hospital with a broken bone in his right thigh.
The defendant sustained a laceration under his chin as a result of the accident. He was tested for alcohol recording a result of 1030 micro grams per litre of breath. He admitted the offending and was charged.
The Crown submitted the aggravating features of the offending were the 1030 micro grams of alcohol per litre of breath and that a person was injured. The mitigating features were his early guilty plea; cooperation with the Police; having no previous convictions; and his genuine remorse. The Victim Impact Report, stated that the defendant apologized to the complainant at the crime scene and this was accepted. He visited the hospital. The complainant had also expressed his appreciation of the generous gifts from the defendant and his family. The Crown supported a lenient sentence, preferably a non-custodial sentence for the defendant
The defendant suffers from Rheumatic Heart Disease and receives monthly injections to prevent severe heart damage. Community service was initially suggested, later changed when a supplementary report was filed based on a medical opinion from his doctor that the defendant’s condition was mild.
It was also reported that the defendant had gifted the complainant a new car to replace his car that was damaged in the accident, among other monetary gifts.
The judge stated that the defendant is young and had a previous good record, and despite the gravity of the offence, his remorse was genuine and he had learned a lesson from this. This was demonstrated by his apologizing at the scene and by his family’s attempts to recompense for the complainant’s loss including replacing his damaged vehicle with a new one valued at $7,000.
"I have further considered the letters filed in support of the defendant, the complainant’s clemency and his medical condition and consider that the defendant is highly likely to take the opportunity offered by a suspended sentence to rehabilitate himself. I therefore suspend his sentence in full for a period of two years on conditions."
He was convicted and sentenced to 19 months’ imprisonment suspended in full for two years on conditions. This included not committing any offence punishable by imprisonment, he must undertake a course on life skills directed by the Salvation Army; be disqualified from driving during the period of suspension; and must complete 100 hours of community service
Failure to comply with the conditions may result in the suspension being rescinded in which case he will be required to serve his prison term, stated the judge.
