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DPP v Hussein [2017] FJMC 107; Traffic Case 704.2008 (25 August 2017)

IN THE MAGISTRATE’S COURT AT LABASA

CRIMINAL JURISDICTION

Traffic Case No. 704 of 2008

DPP

v

SABIR HUSSEIN

For the Prosecution : Ms Vavadukua. A

For the Accused : In Person

Sentence : 25 August 2017

SENTENCE

1. The Accused, Sabir Hussein you stand before the court today to be sentenced for one count of Dangerous Driving Occasioning Grievous Bodily Harm, contrary to section 97(4)(c) and 114 of the Land Transport Act 1998.
   
2. The Accused was found guilty after trial in a court judgment of 7 February 2017 and was convicted as charged.
   
3. The brief summary of facts are;-

“The accused, Sabir Hussein on 18 November 2007, along the Labasa Seaqaqa highway at Tabia drove a bus with registration number BO 653 in a dangerous manner resulted in the collision with another bus. Zahid Afwaz was a passenger in the accused bus at the time of the collision where he received an injury from the accident. The injury resulted in the amputation of Zahid Afwaz legs.”

4. The Accused tender his written mitigation on 20 June 2017. The prosecution filed her sentencing submission on 21 June 2017.
   
5. The maximum sentence for Dangerous Driving Occasioning Grievous Bodily harm is 2 years imprisonment or fine of $2,000.00 and disqualification from driving for 12 months. The tariff is fine or suspended sentence to 12 months imprisonment.
   
6. The aggravating factors are;-
   
   1. You were speeding and playing games when you driving on that day.
   2. With your reckless and dangerous driving Zahid Afwaz has lost his two legs that will deprived him from some activities that he used to do and enjoyed before the accident.
   100. You disregard the safety of your passenger as you were driving a bus (a public service vehicle) where the passengers were students and teachers and they paid for their fares to travel in your bus.
   4. You breach the passengers trust on you that you will drive them safely.
      
7. The mitigating factors are;-
   
   1. You are 40 years old and a first offender which shows your previous good character.
   2. Remorseful.
   100. Sole bread winner as taxi driver where you earned $200.00 per week
        
8. In your sentence, I pick 6 months as my starting point. I add 18 months for the aggravating factors and that increase your sentence to 2 years imprisonment. I reduce 9 months for your mitigation and that reduce year sentence to 1 year and 3 months imprisonment.
   
9. In light of State v Voate Vatuniloma HAC 080 of 2017, I give special discount for this case which has been hanging over your head for almost 10 years now. I therefore, deduct 8 months from your sentence and that reduce your sentence to 7 months imprisonment.
   
10. Your final sentence is 7 months imprisonment.
    
11. I find your case to be on a higher scale of the offence where the legs of the victim has been amputated. Considering the high number of road accident resulting from the recklessness and carelessness of the driver, I believe imprisonment term should be issued in this case as a deterrent.
    
12. Considering section 4 of the Sentence and Penalties Act, and the principle of the rehabilitation, this sentence is grounded on the principle of deterrence.
    
13. Sabir Hussein, I now sentence you to 7 months imprisonment and you are to serve your sentence with immediate effect.
    

28 days to appeal

C. M. Tuberi

RESIDENT MAGISTRATE