Timoti was also sentenced to one years’ probation for one year, to begin following her discharge from prison, and was ordered to repay the monetary fine imposed in installments as directed by the probation officer.
She is also disqualified from driving for a period of 24 months following her release from prison.
Timoti, who was represented by lawyer Norman George was appearing on appeal against an earlier sentence imposed several weeks earlier, when a jury convicted her on a substituted charge of driving a motor vehicle under the influence of alcohol to the extent of being incapable of having proper control of it, and causing bodily injury.
She appeared on an appeal following her conviction on the charge of driving with excess blood alcohol on the same occasion where there was a trial charge, and she appealed the sentence of the Justices of Peace who imposed one months’ imprisonment, 12 months’ probation and disqualification for 12 months, plus reparation of $320.00 for the blood analysis and $30.00 court fees.
The court heard that a victim impact statement read to the court on May 28 had shown the serious consequences of the crash. It detailed the loss of property, and the victim’s suffering in Rarotonga where he was hospitalised for a number of weeks and underwent several operations. On January 31 last year he was hospitalised in New Zealand.
The police summary said that on October 17, 2014, Timoti attended a social function and was there most of the night. She admitted she drank two bottles of wine before going on to other social events.
Timoti dropped a friend home at around 1am and the accident occurred shortly afterward. Police said she was driving her vehicle with its lights on full beam. She drove across double lines and ran into the victim on his motorbike.
The court heard she also has a previous dangerous driving charge that was proved against her few years ago and was charged without conviction and ordered to pay unspecified amount of damages.
Justice Williams ordered Timoti to continue to meet court costs and hospital expenses and blood report costs of around $6165.00.
He also ordered Timoti to pay the victim $1300, the pre-accident value of his motorcycle and to pay $99.00 in compensation for damage to his contact lenses, and pharmacy and other costs incurred by the victim in New Zealand.
He said Timoti’s appeal against the JPs’ decision had been allowed mainly because the orders made would obviously not have been the same if the two offences had been dealt with together.
Justice Williams said that having regard to all the circumstances, Timoti would be jailed for six months.