A 23-year-old woman was allowed a fully suspended prison sentence of 21 months after being convicted of reckless driving causing grievous bodily harm to a woman in Havelu last year, when she drove while under the influence of alcohol.

Charoteesha Tu’ipulotu pleaded guilty to two counts of reckless driving causing grievous bodily harm and being in charge of a motor vehicle on the road, while under the influence of drink in excess of 250 micrograms of alcohol per litre of breath.

Lord Chief Justice O.G. Paulsen during sentencing on March 15 at the Supreme Court said Tu’ipulotu, a New Zealand citizen grew up in Tonga and lives in Ma’ufanga.

She had recently returned to Tonga from Australia, and on September 8, 2018, after attending her boyfriend’s graduation from Tupou Teritary Institute, she went out drinking with him and others at a bar.

They then went to a bush area in Havelu to celebrate and there were a number of people present at the drinking party, including the 26-year-old victim whose name was suppressed.  

The group drank for a number of hours into the early morning of the next day. Tu'ipulotu who was intoxicated argued with her boyfriend and wished to leave.

The Court heard there was evidence that the boyfriend was abusive towards her due to her request to leave because he wanted to carry on drinking.

Tu'ipulotu then got into her boyfriend's car and started it, which was just a few meters from the group. She drove towards the group. The victim, who did not hear the car start  did not get out of the way. She was run down by the car, which came to a halt with one of the tires resting on her left thigh.

The Chief Justice said a major concern to him was whether Tu’ipulotu had intended to run down her boyfriend or the victim.

“It is counsel's agreed position that she had no such intention,” he said.

Severe injury

Meanwhile, the victim suffered a severe fracture to her left femur and was hospitalized for a lengthy period.

When arrested, Tu'ipulotu co-operated with the Police and when tested was found to have a reading of 660 micrograms of alcohol per litre of breath. She pleaded guilty to the offences at the first opportunity.

The Chief Justice sentenced her to one-year and nine-months imprisonment on the first count of reckless driving causing grievous bodily harm.

He said Tu'ipulotu is a first time offender; was cooperative with Police and had apologized and offered gifts to the victim, which they accepted.

“Prosecution had indicated that it would not object to a fully suspended sentence of imprisonment being imposed and in the circumstances of this case, I agree. Tu'ipulotu is relatively young and with her supportive family she has excellent rehabilitation prospects,” he said.

Meanwhile, on the second charge, she was sentenced to six-months imprisonment, which was also fully susupend and served concurrently with the first sentence.

“I have warned Miss Tu’ipiulotu that if she breaches any of the conditions she may be required to serve the periods of imprisonment imposed.”

The conditions of her suspended sentence requires her to carry out community work while being placed on probation, attend alcohol and drug abuse courses at the Salvation Army, and must not commit any offences punishable by imprisonment during the period of suspension, among requirements.