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11 November 2022

Careless driving charge dismissed

Thursday 14 October 2021 | Written by Caleb Fotheringham | Published in Crime, National

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Gwenaline Pitihana was discharged without conviction after being charged of careless driving causing injury, in the High Court at Avarua on Wednesday.

Judge Dame Judith Potter, who oversaw the case at the beginning of the sentencing, said although the charge was serious, Pitihana would not be convicted.

The court heard in April this year Pitihana pulled out on the Main Road in Avarua and did not see a motorcycle travelling in the same direction.

The motorcyclist was thrown off the bike and suffered minor injuries, while the bike had significant damage worth $910.

Pitihana, 52, had never been in court before and had never been in a motor accident of this kind, the court heard.  

Judge Potter said the cost of damage to the motorcycle was quickly paid off by Pitihana.

The Judge said the victim did not seek any punishment for Pitihana.

“The offending has no aggravating factors and is the lowest end of this type of offending,” Judge Potter said.

The maximum penalty for careless driving causing injury is five years imprisonment or a fine not exceeding $5000.

Judge Potter told Pitihana to pay $20 towards the victim’s medical expenses.