Young driver who grievously injured Vava’u police officer gets suspended jail sentence [1]
Tuesday, November 7, 2023 - 18:26. Updated on Tuesday, November 7, 2023 - 18:28.
Liuaki Fainu (23) who was sentenced to two-years six-months for dangerous driving causing grievous bodily harm to a police officer in Vava’u was fully suspended on conditions. The officer suffered life-changing injuries.
Acting Lord Chief Justice Tupou sentenced him on 31 October at the Nuku'alofa Supreme Court, after the accused pleaded guilty in September.
The offending was on the afternoon of 21 December, 2022 when the complainant, police officer Sioeli Filipe, and another officer Sateki, from the Neiafu Police station, were operating a checkpoint on all vehicles travelling on Tu'i Road between Faama and Mataika. They were checking quarterly permits.
At about 6:25pm, the officers had stopped two vehicles that were travelling southward and were checking the quarterly permits.
Meanwhile, the defendant was on the road, returning to Ha'alaufuli from Neiafu, heading north in vehicle J-9048.
Another vehicle was in front of the defendant but as he approached the checkpoint he overtook the vehicle in front of him, at a speed of 80-100km/hr.
At the checkpoint, his vehicle crashed into C-26334, which hit the complainant.
The complainant was immediately rushed to the hospital by bystanders.
Officer Sateki arrested the defendant and took him to the Police Station for questioning.
The attending doctor confirmed that the complainant's right femur bone was fractured, consistent with impact by a fast-moving vehicle.
From Tefisi, the defendant had consumed alcohol while at Neiafu before attempting to drive back to Ha'alaufuli. He cooperated with the police and admitted to the offending. He had no previous convictions.
The Crown submitted the aggravating features of this offending were the severe injuries suffered by the complainant, the injury was caused when he was on duty, the impact on him, he is now limited to a job behind a desk. The defendant had also consumed alcohol prior to driving at a dangerous speed and in a reckless manner, having no regard for the safety of other road users.
Mitigating factors included him being a first time offender and an early guilty plea.
Victim impact report
As a result of the accident, the complainant was immediatelyevacuated to Tongatapu, where he spent two-months at Vaiola Hospital for a reconstructive surgery to realign his broken femur using a metallic rod.
He stated that it cost him $3000 in expenses for hospital fees and to have his wife and child brought to Vaiola Hospital. He resumed work six-months after the accident but because he was still experiencing pain, he had to take leave. He still used crutches for mobility and was unable to perform physical labour restricting him to office work while he awaited bone reconstruction experts from Australia next month, who would operate to re-connect his fractured femur.
“It was also reported that the defendant and his parents offered him an envelope to apologize. The complainant did not accept it as felt it was not genuine. The defendant said nothing while his mother did the talking, and this occurred on 28 September, 2023 and the complainant felt it was done for the purpose of mitigating his sentence,” stated the A/LCJ.
Defence counsel submitted that a fully suspended sentence was appropriate given the defendant is young; his outlook on the world was limited because he completed only Form 2 at high school, he was now an active member of his church, he was a first time offender, he cooperated with the police and he his apology to the complainant was accepted.
Gets another chance
The A/LCJ stated that the maximum statutory penalty for dangerous driving causing grievous bodily harm is a fine not exceeding $25,000 or imprisonment for a term not exceeding seven-years and disqualification from holding or obtaining a driver's licence for a period not exceeding five-years.
“Having regard to the maximum penalty, the seriousness of the offending, the aggravating features, the comparable cases and the principles of punishment, deterrence and denunciation, I set a starting point of three years imprisonment. I agree with the Crown that it should be uplifted by six months for harming an officer, while on duty, resulting in a final starting point of three-years and six months imprisonment.
“For the defendant's early guilty plea, cooperation with the police and previous good record, I deduct 12 months in mitigation resulting in a final sentence of 2 and 6 imprisonment.”
She also stated that the principles in Mo’unga favoured the defendant.
“He is young and with the support of his parents and pastor, there [are] high prospects for his rehabilitation. He is going through a rough patch in his marriage and would benefit from the opportunity to develop some alcohol and drug awareness and life skills so that he can move forward positively with his life.
“I note the complainant's attitude as to the apology offered by the defendant in the victim impact report. However, in the recent report from the Probation Office, it records that the family went to ‘Utui and apologised to the complainant and his parents, and were warmly accepted.”
The defendant was then sentenced to two-years and six-months imprisonment. This sentence was fully suspended for three-years on conditions: that he must not commit any offences punishable by imprisonment; must be placed on probation; must attend and successfully complete life skills, alcohol and drug abuse courses with the Salvation Army (or such other organisation as Probation may direct) within a period of six months.
He was also ordered to carry out 100 hours community work. His driver’s licence was cancelled and he was disqualified from obtaining a licence for two-years from the date of his sentencing.
“The defendant is to be warned that any failure to comply with the said conditions may result in the suspension being rescinded, in which case, the defendant will be required to serve the whole of his prison term,” said the judge.