Police v Dwane [2020] CKHC 21; CR 246 of 2020 (1 September 2020)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA VIA VIDEO LINK
(CRIMINAL DIVISION)

CR NO. 246/2020

POLICE

v

PAUL JOSEPH DWANE

Date: 1 September 2020

Appearances: Snr Sgt F Tararo for prosecution

Mr M Short for defendant

Decision: 1 September 2020

DECISION OF THE HONOURABLE JUSTICE PATRICK KEANE

[11:07:38]

[1] Paul Dwane, you appear for sentence for careless driving causing injury on 29 May 2020 at Avatiu.
[2] On 29 May 2020, at around 9am, you were turning right on the back road intersection at Avatiu. You failed to see your victim heading towards you on his motorcycle and collided momentarily with him.
[3] He suffered abrasions to his left knee and left forearm. Very fortunately he suffered no greater injury, and the damage to his motorcycle appears also to have been quite minor.

Probation report

[4] Your probation report says that the accident happened, according to your victim, after you appeared first to give way and then cut across him, all at slow speed. You got out and helped him and apologised, and you followed that up later with a text and in other ways.
[5] It says that you and your partner have a two-year-old child and you are reliant as a chef on the government wage subsidy. You are appearing for the first time and are genuinely remorseful. It recommends you be convicted and ordered to come up sentence if called upon within six months.

Submissions

[6] The police describe your carelessness as minimal. You were driving slowly. You admitted your fault immediately and were apologetic. You were both breathalysed and showed no evidence of alcohol. Your victim’s injury was minor. You met the workshop repairs to the motorcycle.
[7] This is your first appearance and you were considered for diversion. The police, unusually, support a discharge without conviction. Your counsel quite naturally concurs.
[8] He points out, relying on letters as to your character, that you are responsible and careful, and accepted responsibility immediately. You met the repairs and other losses. A conviction would be disproportionate.

Conclusion

[9] Careless driving causing injury is very prevalent in Rarotonga and the range of penalties imposed reflects the relative seriousness of the carelessness, the resulting injuries, and whether alcohol played a part. Your offence was very much at the lower end of the spectrum from all three points of view.
[10] Your driving fault was momentary and you immediately accepted responsibility in the most tangible way. I am satisfied that a conviction is not warranted. You are discharged without conviction.

__________________
Patrick Keane J