By Linny Folau

Manley Manu Soakai Palu (25) was sentenced to three years imprisonment with a portion suspended for three counts of causing bodily injury to a couple and their two year old daughter, while driving under the influence of alcohol.

Justice Cooper sentenced him on 13 August at the Supreme Court in Nuku’alofa.

He stated that on 14 March this year, at around 9:40pm there was a head-on collision between the car the defendant was driving and that which Mr. Lance Mafi was driving in the opposite direction, as he and his family made their way south along the Taufa'ahau Road and as they reached Tofoa.

“Mr. Palu's vehicle was said by the occupants of the victim's car to have been travelling very fast, towards them in their lane of the road. An attempt to swerve did no good and the two crashed into one another. All the occupants of both vehicles were taken to hospital. Lance Mafi had been driving his car with his wife Juliet and their daughter Mele, who was two years old at the time.”

The court heard that their injuries included blunt abdominal trauma, very deep laceration over left distal medial thigh, multiple abrasions on the forehead, fracture of the left proximal ulna, abrasions on the forehead, right wrist, with both feet, among other injuries noted by their medical report.

The Crown submitted the aggravating factors included the defendant having 1100 micrograms of alcohol per litre of breath; three victims were injured as a result of the collision and all the victims sustained serious injuries.

Mitigating factors was the defendant's early guilty plea, having no previous convictions; his cooperation with Police and he demonstrated remorse by apologising to the victims.

Meanwhile, the judge stated that under section 29 (1) (a) Traffic Act 2020, the limit for alcohol consumption is 250 micrograms of alcohol per litre of breath. For the purposes of section 34 Traffic Act, the offence of causing bodily injury or death whilst under the influence of alcohol, the critical limit to trigger that offence is 350 micrograms of alcohol per litre of breath.

"It is essential that the Court clearly has it in mind that the case of Ikahihifo v R was a sentence for causing death by dangerous driving. In this case Mr. Palu told the police he did not know what had happened, because he was so drunk. That appears to be the situation referred to on paragraph 24 Ikahihifo v R.

Where a plea of guilty attracted little discount, being inevitable on the facts, especially so where there was a high level of intoxication."

The judge stated that for Count 1, the head count, a starting point of two and a half years. This is increased to three to reflect the high level of intoxication and high speed.

For Count 2, two years, six months of which must be added to count 1.

Count 3, two years, six months of which must be added to count 1.

“That gives a tariff of four years. From that a reduction of 12 months for his guilty plea and all the positive things set out in the reference from his employer, church minister, the technical adviser and the supervisor at Queen Salote Wharf, where Mr. Palu works,” stated the judge.

"l take into account his youth, his remorse and the detrimental effect that a prison sentence will have on him. There has been described to have been "...an alarming rise...” in driving of this sort seen in this case, albeit, that thankfully no one was killed.

“The public must be protected from people who drink and drive. Mr. Palu was so drunk he did not know what had happened when questioned by the police. He put a young family in hospital including a 2-year-old child. It would be quite wrong to fully suspend any sentence or give a discharge without conviction, as urged in the probation report and defence submissions. That would be offensive to right minded members of society."

The judge then sentenced him to three years' imprisonment, the last 18 months suspended for two years on conditions, that includes taking up an alcohol awareness course, live where directed by probation and must not to commit any offence punishable by imprisonment, among other requirements.

 “I note that a suspended portion of a sentence cannot be avoided by a defendant leaving the jurisdiction, after the term of imprisonment has been spent, but before the suspended term has expired. To do so would be to avoid a significant part of the punishment and rehabilitative process. After his release from prison, Mr. Palu will be subject to a two year driving ban,”ordered the judge.