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State v Cerenasiga [2012] FJMC 355; Traffic Case138.2012 (14 December 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT SUVA

Traffic Case No: 138/2012

STATE

V

LUKE CERENASIGA

Prosecution : Ms. Darhani Kumar (for DPP).
Accused : In person.

SENTENCE

1. You, Luke Cerenasiga are here today to be sentenced following the admission of 'guilt' in this Court on the 05.12.2012, where you were charged under Section 98 (1) read with section 114 of the Land Transport Act No 35 of 1998 (as amended) for 'Dangerous Driving'.
   
2. You waived your right to have a counsel.
   
3. The agreed facts state that at the time of the incident you were a traffic police officer attached to the Central police station. On 07.07.2012 at around 8.30 pm you had consumed liquor with few other work mates. Thereafter you had driven your personal vehicle along Rodwell road to drop some of them to a night club.
   
4. While driving you looked at the back to talk with one of your colleagues who were seated behind. You could not control the vehicle and it went over the cement island on the road to collide with the traffic light.
   
5. Friends who accompanied you then left you alone at the scene. Later an officer of the Police Traffic Highway Patrol noticed the accident and you were taken in to the police station. However a breathalyser test was not conducted as you initially claimed and posed as a passenger of the vehicle. Subsequent investigations revealed that you in fact drove the vehicle. You then made a formal admission to the offence of 'Dangerous Driving'.
   
6. According to Section 114 of the Land Transport Act, the Maximum Penalty for the offence of Dangerous Driving is,
   
   • (a) First offence - $ 1000/12 months imprisonment and a mandatory disqualification from driving for 6 months,
     
   • (b) Second offence - $ 2000/ 2 years imprisonment and a mandatory disqualification from driving for 12 months.
     
7. The learned state counsel assisted Court by submitting submissions on sentencing.
   
8. Your initial false declaration avoided the police to file a possible action for 'Driving a Motor Vehicle under the Influence of Liquor'. The Court notes that you consumed liquor and then drove the vehicle in a dangerous manner. Thereafter you had provided misleading information to the police officers who conducted investigations. As a traffic police officer your behaviour on the day of the incident is highly unsatisfactory and unacceptable.
   
9. In 'Mitigation' you informed Court that you are 43 years old; married with 04 school attending children; and wanted Court to be lenient in passing the sentence; first offender; sole breadwinner; expressed remorse and regretted what had happened; promised not to re-offend.
   
10. You further added that you were called before a tribunal of the Police Force and recommended termination from the rank you held before the incident.
    
11. Suva City Council had also demanded $ 8689.35 from you as damages and re activation charges of the traffic signal lights. You have incurred $ 500 as the repair charges of your vehicle. Therefore the Court notes that you have sufficiently penalized for the incident through other means.
    
12. In view of the above, the Court notes that you are guilty as charged.
    
13. You are hereby ordered to pay a fine of $ 150 /in default 15 days imprisonment. Further a mandatorily disqualification from driving is in force for 01 month form today.
    
14. You must surrender your Driver's Licence to the Court registry and entitle to collect the same after 14.01.2013. This order will be conveyed by the registry to the Land Transport Authority for necessary action.
    
15. 28 days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

14th December 2012