A convicted Arrowtown drink-driver had not decided whether to appeal a reparation order imposed in the Queenstown District Court this week, her defence lawyer, Dale Lloyd, said yesterday.
She was approached for comment after Judge Dominic Flatley appeared to agree with her on Monday when she questioned the legality of a separate reparation sentencing.
Ms Lloyd's client, Anne Marie Patelesio (20), was convicted on two charges last month after she admitted driving a four-wheel-drive vehicle over a traffic island, crashing it through a fence into a stone barbecue and ending up in a swimming pool at an Arrowtown property about 3am on July 27.
She was sentenced to 12 months' supervision, 250 hours' community work and disqualified for 12 months by Judge Kevin Phillips on October 19 for dangerous driving and driving with a excess blood-alcohol of 200mg. The judge did not order reparation at that time because he wanted a full reparation report first.
In the court on Monday, Ms Lloyd questioned whether the sentencing could legally be split over two hearings.
"Reparation is part of sentencing," she said.
Judge Flatley said he would impose reparation anyway but Patelesio could appeal his decision.
"I think you're right. I can't go back and impose reparation after a sentence has been imposed," he told Ms Lloyd.
Judge Flatley ordered Patelesio to pay $4150 even though the total damage was $37,756.13. Of the reparation, $250 was for the excess on the property owner's insurance.
He said the insurance company could take civil action to recover the rest.
Yesterday, Ms Lloyd told the Otago Daily Times no decision on an appeal had been made.
She said Judge Flatley had decided to impose reparation and told her to appeal if she believed it was illegal.
