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State v Ali [2014] FJMC 146; Traffic Case 45.2014 (13 October 2014)

IN THE FIRST CLASS MAGISTRATE'S COURT
AT SUVA
FIJI ISLANDS

Traffic Case No: 45 of 2014

State

v

Makbool Mumtaz Ali

For Prosecution: Cpl Vili (Police Prosecution)
Accused: Present – Ms Chetty (Legal Aid)

Sentence

The accused in this case was charged with Dangerous Driving, contrary to Section 98 (1) and 114 of The Land Transport Act 35 of 1998.

The particulars of the offence was that: "Makbool Mumtaz Ali on the 3rd day of August 2013 at Samabula in the Central Division drove a motor vehicle registration number EZ332 on Ratu Mara Road in a manner which was dangerous to the public having regards to all the circumstances of the case."

Following a hearing this Court found the accused guilty of dangerous driving.

The Prescribed Penalty

Section 114 of the act prescribes the penalty for Dangerous driving as follows:

The Mitigation

44 years old. Not employed after accident. Leg has been amputated after accident. Suffering from diabetics and pressure. Relying on social welfare assistance. A first offender and have suffered a lot.

Section 114 (2) of the LTA Act provides that "where the prescribed penalty is shown by "$..../..... months" or similar, the court may impose a fine up to the maximum amount shown or a term of imprisonment up to the maximum period shown or both such fine and such imprisonment."

This Court has noted that the accused was found guilty after a hearing. The Court has noted the maximum sentence and the tariff for dangerous driving. This Court has noted the circumstances of the accused following the accident. The accused following the accident is living with a disability. He relies on social welfare assistance. A fine, which will be a burden on the accused in such circumstances, is not appropriate. A suspended term of imprisonment in lieu will be appropriate in this case. The licence for the accused is suspended for 6 months. In addition the accused is sentenced to 3 months imprisonment which is suspended for 18 months. The suspended term of imprisonment is explained to the accused.

Summary of sentence

Disqualification from driving for 6 months. 3 months imprisonment suspended for 18 months.
Right to appeal within 28 days.

Chaitanya Lakshman
Resident Magistrate

13th October 2014