Matters heard in the Criminal Court on August 30

A man who was found driving nearly six times over the legal breath alcohol limit has been convicted and sentenced, but his lawyer plans to take the matter to the Court of Appeal the reparation amount has been questioned.   

Ngatokoa Terepo appeared for sentencing before Justices of the Peace John Whitta, Nga Mataio and Paul Turepu on August 30.

JP Whitta said there was now some clarity after the matter had been reviewed by the Chief Justice.

Lawyer Norman George said he accepted the ruling, but did not agree with it and intended to go to the Court of Appeal.

The Court heard on March 11, 2023 there was a crash on the Main Rd in Tupapa when Terepo drove into the oncoming lane, his car flipped and it hit a power pole.

He was breath-tested by police and recorded a reading of more than 1200mcg of alcohol per litre of breath. The legal limit is 250mcg.

He told police he had been drinking at Club Raro Resort after work.

George questioned the reparation request of $2788 for the power pole.

He said the question of law was not settled, but he had no difficulty with sentencing.

“I’m sure my client didn’t do $2788 worth of damage.”

George said the reparation matter should have been dealt with in the Civil Court.

He asked the Court to order costs, and disqualify his client from driving, but not order reparation.

JP Whitta adjourned the matter for consideration.

“You must have known you were going to drive over the limit,” he told Terepo, when the matter was recalled.   

“We should be thankful there were not more serious consequences; your high alcohol reading meant prison was not unreasonable.”

A short term of imprisonment had been considered.

Terepo was disqualified from driving for 16 months, fined $700 plus $50 court costs, and ordered to pay $2788 reparation for damage to the power pole.  

Other matters

Tikitaunga Taputu was given 12 months of probation, ordered not to purchase or consume alcohol, or enter licenced premises when he was convicted and sentenced for assaulting a female.

JP Whitta said Taputu punched the victim several times with a closed fist and dragged her across the floor.

At 23, Taputu was working as a voluntary lifeguard and had good family support.

Probation said there was a low chance of reoffending, while Police had highlighted the role alcohol played in the offending.

“Alcohol related offending is an issue in our community, “ JP Whitta said.

“Your offending was out of proportion; you had to be dragged away from the assault.”

The Court heard he had the support of his mother and had made up with his sister, who was the victim.

“Your offending was relatively serious.”

Taputu was also ordered to pay $50 court costs.