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State v Nadavobalavu [2013] FJMC 239; Traffic Case 13515.2012 (14 June 2013)

IN THE MAGISTRATES COURT AT NASINU

Traffic Case No. 13515/2012

STATE

-v-

JEKOPE NADAVOBALAVU

PC. Filipe Raymond for the prosecution
The accused was absent.

Sentence

1] The accused was charged with following traffic infringement notices, namely;

CHARGE:

FIRST COUNT

Statement of Offence [a]

FAILURE TO OBEY ROAD SIGN: Contrary to Regulation 62 (2) and 87 of Land Transport (Traffic) Regulation 2000.

Particulars of Offence [b]

JEKOPE NADAVOBALAVU on the 22nd day of July 2012 at Suva in the Central Division being the driver of LT4421 at Robertson Road failed to obey road sign which indicates no stopping.

SECOND COUNT

Statement of Offence [a]

FAILURE TO OBEY ROAD MARKING: Contrary to Regulation 70 (1) (a) (b) (2) and 87 of Land Transport (Traffic) Regulation 2000.

Particulars of Offence [b]

JEKOPE NADAVOBALAVU on the 4th day of April 2012 at Nabua in the Central Division being the driver of a motor vehicle registration number LT4421 failed to obey road marking which indicate

2] The accused was absent on 19th April 2013. That day, the accused was represented by his son Sailosi Lote. He came forward when case was called and told the court that his father is bedridden now. He tendered written letter from the accused. In that letter the accused pleaded guilty in writing.

3] The accused said in his written mitigation and guilty plea said that he had a stroke and he was bedridden for last 4 months. He was an amputee and now he cannot drive vehicles. He said he is 62 years old. He is sole bread winner of the family and now trying to survive from day to day. He said he has no means to pay a fine.

4] The Accused has no previous convictions and the prosecution conceded the accused submission.

5] I note these are minor traffic offences and no accident occurred. The accused did not want committal warrant therefore he sent his son.

6] In considering the accused's current situation that in due course he cannot drive a vehicle, triviality of the offences and first offender, I hold this is fit and proper case to enter a non conviction. I act under section 45(1) of the Sentencing and Penalty Decree 2009. I enter a non conviction. The Accused is discharged.

7] 28 days to appeal

On 14th June 2013, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate-Nasinu