Crown v Taokia [2011] CKHC 60; CR124.2011 (27 July 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CRN 124/11

BETWEEN

CROWN
Informant

AND

KARLENE HELEN TAOKIA
Defendant

Hearing: 27 July 2011

Counsel: Mr T Manavaroa for Informant
Ms M Tairea for Defendant

Sentence: 27 July 2011

SENTENCE OF C NICHOLSON J

[1] Mrs Taokia, you have pl guilty ilty to the offence of carelessly driving a motorcar causing bodily injury. The maximum penalty for that offence is a fine not exceeding $5,000 or five imprisonment.

[2] The facts of the offence are thre that at about 10.15 on Tuesday night, 21 December last year yre weiving a car on t on the Main Road in Matavera, had just finished work, you were heading home. You wanted to make a right-harn inur drive, you saw an oncoming vehicle and you stopped to allow it to pass. You weou were inre indicating your intended right-hand turn, you saw the lights of another vehicle which you judged to be about 100 metres or so away giving you plenty of time to turn safely. You therefore started to turn, but in doing so there was a collision with a motorcycle which was coming the other way and which you had not seen. The rider of the motorcycle was thrown off and was injured, you went and gave him assistance and co-operated with all concerned.

[3] The rider of the motorcycle suffered abrasion on the right side of his head, abrasion and bruises to his back, left thigh, knee and right foot. The motorcycle was extensively damaged and has been written off.

[4] The pre-sentence report describes your age of 34 years,you've returned to thto the Cook Islands with your family last ythat you have a training aing as a chef and that you have been working in that profession here in the Cook Islands. Your hu is aessional musicianician. You have three children aged 2, 4 and 10.

[5] The Probatiobation Officer reports that you take your responsibilities to your family and your job very seriously and your husband spoke highly of you as a dedicated wife and play an active role as a Secretary of the Cook Islands Chef Association and you are the General Manager for the restaurant and bar that you work at. You have not previously appeared before the Court.

[6] For the prosecution Mr Manavaroa emphasised rincipinciples of sentencing and submitted that in the circumstances the appropriate penalty would be a fine, he sought order ofent of $20 for the victim's medical expenses and compensation of $2,055 for damage to the mthe motorcycle.

[7] Your lawyer, Ms Tairea, pointed out thathe the evening of the accident visibility was very poor, it was drizzling and the nearest street light was about 50 metres away. She emphasised that you drove responsibly at a moderate speed, stopped, indicated, gave way to an oncoming vehicle and believed that there was plenty of time for you to turn safely before the other lights came. In the circumstances it may be understandable that you didn't see the oncoming motorcycle, there being a suggestion from a witness that it was speeding and perhaps its headlight having regard to its condition was not as bright as was desirable.

[8] Your lawyer emphasised that you did all you could at the scene and made compassion help for the victim, that there was a considerable delay after the accident. You were asked then some two months later to go to the Police Station where you were interviewed at length, threatened, and in effect held in a holding cell for about three hours. Your lawyer emphasised the minimum nature of your offending in the circumstances and your good character and background. She said that this episode has been traumatic for you and your family, that you have sent a card letter of apology and that you have co-operated and pleaded guilty and do not have any previous convictions.

[9] You take issue however with the claim for restitution of $2,055 for the motorbike, this is the cost of supplying new parts for it, but the motorbike was not in a condition which warranted that. It is now a write-off as is confirmed by a letter from Pickering Motors and beyond repair. Pickering Motors estimate the pre-accident value of the motorcycle to be approximately $800.

[10] This is one of those accidents which can spring up and effect virtually every driver in conditions of poor visibility with an oncoming vehicle which may not have been very well lit. I accept that the degree of blameworthiness on your part was small and that there was contribution to the accident from the driver of the motorvehicle. You acted responsibly by giving assistance and co-operating thereafter.

[11] You are a person of good character and meet your commitments to family and the community. In the circumstances I consider that the penalty should reflect all those positive factors. I consider that the case calls for an order for restitution for the motorcycle, but only at the rate of its pre-accident value at $800.

[12] I order you to pay restitution of $800 for the damaged motorcycle. I also order you to pay restitution of $20 for the victim's medical expenses. That is in my view sufficient financial penalty and, therefore, I do not intend to impose a fine in addition.

[13] In the circumstances it is inappropriate to order disqualification from driving and I do not do so.

[14] In addition you should pay Court costs of $30. The restitution is to paid within two months of today.

CM Nicholson J

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.