An 80-year-old motorist has escaped conviction and disqualification on a charge of careless driving causing injury.

Robert John Davies appeared in the High Court at Avarua on Thursday before Justice Dame Judith Potter.

Police recommended a fine as the defendant had already paid some reparations while further reparations were sought.

The victim had been paid for her recovery period and Police were seeking reparation for a medical report, and an assessment report on a motorcycle.

The Court heard both probation and defence lawyer Mark Short had sought a discharge without conviction.

Justice Potter said the defendant had made a “staunch” effort to make the situation right.

Short said the defendant had been genuine in paying reparation, in seeking to make reparations before the matter was heard in Court.

He had no previous convictions.

Justice Potter said it was pretty impressive that the defendant had gone 80 years “without trouble”.

Discharge in this sort of prosecution, however, was unusual, the Judge said.

Short said it had been a very stressful time for the defendant and his wife, and he was prepared for any decision.

He was very sorry and remorseful.

The Court heard the incident happened on August 1, 2022 while Justice Potter said the maximum sentence for the offence was up to five years of imprisonment and up to a $5000 fine.

Davies had entered a guilty plea on February 9, 2023 and the Court had the discretion to impose a fine, imprisonment or disqualification, Justice Potter said.

In reading the recorded facts, Justice Potter said about 6.35am, Davies drove his truck on the Back Road at Nikao towards the Oasis store and waited for a motorcycle to pass before he made a turn into the store.

When he made the turn there was a collision with a motorcycle.

The motorcyclist and her pillion passenger, her son, fell from the motorcycle and sustained minor injuries.

Justice Potter said, while Davies took issue with some of the summary of facts, he had entered a guilty plea.

The Judge had read a victim impact statement which showed the motorcyclist sustained lacerations and hip injuries, while her son sustained lacerations.

Quotes for the repair of the motorcycle had been reviewed and there was information regarding lost wages.

There were photographs of the victims and the vehicles, and a probation report.

It recorded, at the age of 80 he was a first time offender, had never been in any trouble, and had made an earnest effort with reparation.

That included $2396 towards repairs and $930 lost wages.

The Judge said she had received no evidence the victim had been paid by her employer.

Both Short and probation had said a discharge without conviction was appropriate given his age, clear record and his “earnest and substantial effort to pay reparation.”

Police did not oppose the application.

Justice Potter said there was no alcohol or excessive speed involved.

In discharging Davies without a conviction he was told to pay $142 towards medical reports, $70 towards an auto check, $60 towards an assessment from Pickering Motors, and $212.80 in outstanding reparation.