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State v Vunisa [2013] FJMC 56; Criminal Case 38.2013 (31 January 2013)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 38/13

STATE

V

JOELI VUNISA

Prosecution: PC Pauliasi, Police Prosecutor.
Accused: In person.

SENTENCE

1. JOELI VUNISA you are today being sentenced for the offence of 'Breach of Zero Alcohol Limit', Contrary to Section 105 (1) (b) (2) and 114 of the Land Transport Act.
   

2. You elected to represent yourself. You pleaded guilty on your own free will. The Statement of facts was put to you and you on your own free will admitted the facts. You have admitted in this Court to driving a vehicle while drunk. You have admitted your previous convictions which include a conviction in September 2012 for breaching Zero Alcohol Limit.

3. The maximum sentence prescribed under Section 105 and 114 of the Land Transport Act is for (a) First offence - $2,000/2 years and mandatory disqualification for from 3 months to 2 years (b) Second offence - $5,000/5 years and mandatory disqualification for from 6 months to 4 years. (c) Offence if 2 or more convictions for similar offence within the 5 years preceding the offence is $10,000/10 years and mandatory disqualification for from 12 months to 5 years.

4. This Court has noted the case law on sentence precedents for breach of Zero Alcohol Limit.

5. Having noted the maximum sentence and the sentences imposed by the various Court's for similar offence for a second offence, your mitigation and the aggravating factors this Court fines you $2000.00/in default 200 days.

6. In your mitigation you have stated the following:

- 48 years old.

- married with 3 children.

- A taxi driver.

- earn $80/week.

- am paying rent $200/Month.

- looking after elderly parents.

- Paying fees for children.

7. Drink driving by public service vehicle drivers is serious. Its time people like you understand that you either drink or not drive. You cannot do both. You are endangering yourself and others on the roads. You mitigate that you have a family to look after but you continue taking risks. Only fools drink and drive. The message to the community and other drivers is that the Courts will not have mercy on drink drivers. You are also disqualified from driving for 2 ½ years. LTA will be notified of this. This Court hopes that you have learnt a lesson the second time around.

8. JOELI VUNISA you are given one month to pay the fine. This Court notes that you are also being sentenced for bribery and have been sentenced to 1 year imprisonment. This Court notes that in Prison you will not have means to pay this fine, nevertheless this Court will give you 1 month to pay this fine failing which you would be sentenced to 200 days imprisonment.

9. JOELI VUNISA if you are not satisfied with the sentence of this Court you have the right to Appeal to the High Court within 28 days from the date of this Sentence. This case will be called for review on 28th February 2013. A production order is issued for the accused.

Chaitanya Lakshman
Resident Magistrate

31st January 2013