An Arrowtown drink-driver who caused more than $41,656 damage when she crashed her car into a swimming pool will not have to pay any reparation.
Anne Marie Patelesio (20) has successfully appealed her reparation order in the High Court at Invercargill.
Patelesio was convicted of driving with an excess blood-alcohol level of 200mg and dangerous driving after driving over a traffic island and crashing the vehicle through a fence into a stone barbecue and ending up in a swimming pool on an Arrowtown property 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.
The judge did not order reparation at that time because he wanted a full reparation report first.
In November, Judge Dominic Flatley ordered her to pay $3900 to the Queenstown Lakes District Council for damage to the traffic island and $250 excess to the property owners for excess on an insurance claim.
At the time, he said the total damage to the property was $37,756.13 and the insurance company could take civil action to recover the rest.
Lawyer Phena Byrne argued before Justice Lang in the High Court at Invercargill earlier this month that splitting the sentence was outside the court's jurisdiction.
In a decision released yesterday, Justice Lang agreed.
He said a judge had no jurisdiction to order an offender to pay reparation where another judge had already completed the sentencing at an earlier date.
"A decision by the sentencer to impose one form of penalty may well affect the remaining penalties that are imposed ...
For this reason it is essential that the end sentence is imposed in its entirety by the same judge on the same occasion," he said.
He said he had no option but to reverse the reparation order because it was "legally a nullity".
He acknowledged Patelesio's victims as suffering losses.
He said they would find little comfort despite being entitled to pursue Patelesio in civil proceedings.
"I can only express the hope that Ms Patelesio will accept that she has a moral and legal obligation to rectify the economic effects of her offending, and that she will therefore accept responsibility for reimbursing the victims who have suffered as a result of her actions," he said.
Property owner Jenni Heazlewood was shocked to hear the verdict when approached by the Otago Daily Times.
"The judge made a mistake and we lose again.
I can't get over that.
I feel like there is nothing we can do," she said.
She said the damage had cost more than the $250 excess on the insurance claim, having cost time and stress on herself and her husband Graeme, who had to take time off work to clean the section.
The insurance paid for the pool, grass and decking to be replaced, but some things were irreplaceable, such as pots which had been in her family for generations.
Queenstown Lakes District Mayor Clive Geddes could not be reached for comment.
He previously told the Otago Daily Times the traffic island had been repaired using maintenance funds which were available at the time.
