By Linny Folau

An intoxicated driver, Tepi Angilau, is serving 10-months in prison for causing serious bodily harm to her partner at the time, who was a passenger, when she was driving under the influence of alcohol on a night out.

Acting Lord Justice Tupou sentenced her on 22 March at the Supreme Court in Nuku’alofa, after she pleaded guilty to two counts, including driving a motor vehicle without a license.

The offending was on 25 August, 2023, at around 2:00pm, the defendant, the complainant, Viliami Leha'uli and others were drinking alcohol at a tax allotment in Pelehake. At around 9:00pm, they moved to Laulea Beach at Fua'amotu to continue drinking traveling in Viliami's vehicle.

Shortly after arriving at Laulea, Tepi and Viliami left the group to pick up another person, Siutita from Tatakamotonga in the same vehicle. After they picked Siutita up, they went to get a change of clothes for the defendant, she then drove them to Ciora Bar in Nuku'alofa. At the bar, the defendant and the complainant were barred from entering as they were inebriated. The party made their way back to Pelehake travelling on Taufa'ahau Road. The defendant was driving, with Viliami seated at the front passenger seat and Siutita seated at the back seat.

The A/LCJ stated that the defendant was speeding. Her passengers, the complainant and Siutita cautioned and urged her to drive carefully but the defendant persisted. That escalated to an argument between the defendant and the complainant.

As they approached the Tonga College at Ha'ateiho, the complainant attempted to take charge of the steering wheel to stop the vehicle. The defendant resisted causing the vehicle to swerve left and right along the Taufa'ahau Road, heading east. She pulled the steering wheel towards her to regain control, causing the vehicle to veer off to the right side of the road toward the University of the South Pacific campus.

The vehicle crashed onto the sidewalk, flipped sideways towards a nearby fence, hitting a palm tree and landed back on its wheels. As the vehicle flipped sideways, the defendant and the complainant were catapulted out of the vehicle, while Siutita remained in the back passenger seat. All three were rushed to the hospital.

The defendant was tested for alcohol, her reading came back at 720 micrograms of alcohol per litre of breath. The defendant and Siutita sustained abrasions and bruising to their face and chest. While, the complainant sustained a severe bilateral lung contusion with a right hemopneumothorax, soft tissue injury to his right shoulder and right flank, and multiple abrasions to his right lower back, left chest, left shoulder and abdomen. She cooperated with the Police and admitted to the offending and at the time of the accident, she did not have a valid driver's license.

Speeding

The Crown submitted the aggravating features was that the defendant having no driver's license; had 720 micrograms of alcohol per litre of breath; drove at excessive speed; failed to heed warnings from her passengers; drove dangerously by overtaking four vehicles prior to the accident. The mitigating features including being a first -time offender; her early guilty plea; she cooperated with Police; and her remorse - reflected by her apologies to the victim a week after the accident.

At the same time, the Crown noted they had not found any comparable cases in this instant, hence their reliance on cases involving reckless driving causing death and reckless driving causing grievous bodily harm. The Crown submitted that a custodial sentence was appropriate, stated the A/LCJ.

The complainant’s right collarbone was dislocated but it did not affect his daily life activities. He had no problem with his respiration given his lung was severely injured. The medical report confirmed his other injuries were gradually healing and progressing. Despite his rapid recovery, he no longer liveds a normal life as he was prohibited from engaging in physical activities that may pose threats to his injuries for a period of one year, which included working in his plantation as he often got dizzy when bending. He sought the Court's indulgence and mercy for the defendant.

In a victim’s impact report, the complainant confirmed that at the time of the offending, the defendant was his partner and they lived together at Pelehake for about a month. Tepi had approached him a week after the accident while he was still hospitalized and apologised, which he accepted.

Meanwhile, the court heard that the defendant was a first-time offender; she pleaded guilty at the earliest opportunity and maintained the plea even when the Crown sought to amend its original indicative sentencing submission recommending a fully suspended sentence to a custodial sentence; she cooperated with Police and demonstrated her remorse by apologizing to the victims a week after the accident.

The complainant had also accepted her apology and sought a lenient sentence for her. For those reasons, the A/LCJ was prepared to deduct two-years off the starting point, resulting in a final starting point of three-years imprisonment and deduct $150 from Count 2 resulting in a fine of $200.

“The Crown considered the defendant’s attempts to stop the car a contributing factor to the offending. I do not agree. She had overtaken four vehicles prior and one can only cringe at the possibilities had he not tried to stop her. The final custodial sentence recommended by the Crown was six-months imprisonment, after suspension. I do not believe it reflects the gravity of her conduct or the harm suffered by the complainant. Having said that, she cooperated with the police and I believe she has learnt her lesson and that she will take the opportunity offered by a suspended sentence for rehabilitation. For those reasons, I suspend the final 26-months of her sentence on conditions,” the judge stated.

On the causing serious bodily injury while driving under the influence of alcohol count, the defendant was sentenced to three-years imprisonment and was fined $200 to be paid within six-months from the date of her release from prison, on the second count.

The A/LCJ then suspended the final 26-months of her sentence for two-years on conditions. She is now serving 10-months in prison.

Failure to comply with any of the conditions may result in the suspension being rescinded, in which case, the defendant will be required to serve her head prison sentence.

In addition, Angilau is disqualified from obtaining a driver’s license for a period of 12-months, effective on the date she is released from prison.