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Agigo v Republic [1978] NRSC 4; [1969-1982] NLR (D) 63 (13 January 1978)

[1969-1982] NLR (D) 63

IN THE SUPREME COURT OF NAURU

Criminal Appeal No., 11 of 1977

EIREIBWOBWE AGIGO

v

THE REPUBLIC

13th January, 1978.

Disqualification from driving - properly ordered as a deterrent.

Appeal against disqualification from driving a motor vehicle for one year. The appellant was convicted of reckless driving; she drove a motor vehicle along the road at the end of the aerodrome when the light signal forbade it because an aeroplane was about to land. She was sentenced to pay a fine of $50 and disqualified.

Held: In cases where a sentence of imprisonment would be inappropriate but a fine inadequate, it is proper to order disqualification from driving as a deterrent.

P.H. MacSporran for the appellant
D.G. Lang for the respondent

Thompson CJ:

If the closing of the road at the ends of the aerodrome when planes are landing and taking off is not strictly enforced, there is likely to be a serious accident. The authorities have erected lights to warn road-users when to stop and the police actually man the approaches and place blocks on the road. It is reckless to ignore such warnings as the appellant obviously did. In view of her previous good record a prison sentence was obviously not appropriate but a deterrent was required. The fine by itself is not a sufficient deterrent. I do not subscribe to the view that an order of disqualification is not meant to be used as a deterrent. To many well-to-do people it is the only deterrent short of imprisonment. I regard the order made by the magistrate, therefore, correct in principle and not harsh or severe.

The appeal is dismissed.