Titali To’ia got more jail time when he was sentenced to six-years imprisonment for reckless driving causing the death of Netane Nimo at Veitongo in 2022.

He was already serving time for drugs offences.

Hon. Justice P. Tupou KC sentenced him last month at the Supreme Court in Nuku’alofa, after he pleaded guilty to the charge in October 2022.

The offending was in the late evening on Saturday 18 June 2022 when the defendant was driving east in a car on Taufa'ahau Road towards Veitongo.

Racing

The judge said, at the same time, the victim was also travelling in a car on Taufa'ahau Road to return to his home in Vaini, after having seen his girlfriend at Fangaloto. Both men had consumed alcohol. 

They met on Taufa'ahau road at Ha'ateiho where they began racing at a speed of 100km/hr or more.

At the Lopaukamea Petrol Station near Veitongo the defendant had driven onto the right side of the road placing his car parallel to the victim on the left side, where they competitively drove side by side at high speed.

Shortly thereafter, to overtake vehicles on the left side of the road, the victim also drove onto the right side of the road with the defendant in the front and the victim behind him maintaining high speed.

When they drove back onto the left side of the road, the victim indicated and drove onto the right side of the road to overtake the defendant's car. As he was about to overtake the defendant's car, the defendant veered his car towards the right side of the road, hitting the left rear of the Victim's car causing both to lose control of their respective vehicles.

As a result of the impact, the victim's car skidded and spun sideways hitting an electricity pole on the right side of the road breaking it in half landing back on the road facing in the opposite direction towards Nuku'alofa.

Meanwhile, the defendant's car hit a watermelon market stall on the right side of the road before stopping in front of the house next to the stall facing east.

The victim was rushed to the hospital and was pronounced dead upon arrival on 19 June 2022.

Excess speed

The judge said here, the defendant's consumption of alcohol combined with excess speed and exhibitionism, racing the victim and overtaking other vehicles travelling on the same road in a residential area constitutes a serious offending and demonstrates a disregard for the law and for the safety of other users of the road.

“Having regard to the seriousness of the offence, the statutory maximum penalty, the comparable sentences and principles set out above and application, the defendant was sentenced to six-years imprisonment. 

"To give effect to the totality principle, I add 4 years and 6 months of this sentence to the head sentence in CR 80 of 2022 resulting in an aggregate sentence of 8-years imprisonment."

The final 12-months of the aggregate sentence was then suspended for two-years on conditions.

In addition, he was disqualified from applying and/or holding a driver's license for a period of 12-months from his release.