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Resture v Republic [1978] NRSC 6; [1969-1982] NLR (D) 65 (16 May 1978)

[1969-1982] NLR (D) 65

IN THE SUPREME COURT OF NAURU

Criminal Appeal No. 6 1978

SEMI RESTURE

v

THE REPUBLIC

16th May, 1978.

Driving while intoxicated - sentence.

Appeal against sentence of three months' imprisonment for driving while under the influence of intoxicating liquor. The appellant was a man of excellent character prior to his conviction for this offence.

Held: The prevalence of such offences is so great that sentences of imprisonment are the only effective deterrent and, although every allowance should be made for the appellant's previously excellent character, no sentence other than imprisonment was appropriate. Sentence reduced to four weeks' imprisonment.

G. Star for the appellant

D.G. Lang for the respondent

Thompson CJ.:

The number of road accidents, and the deaths resulting from them, in recent years has been alarming. It is well-known to this Court, from cases which have come before the Courts, that the principal cause of very many of the accidents has been that the driver has been drinking and is under the influence of alcohol. It has been necessary, therefore, for the Courts to take a very serious view of the offence of driving under the influence of alcohol, to the extent of imposing custodial sentences even on persons who have no previous convictions.

It is unfortunate that the appellant has spoiled his reputation and his long, period of honest and decent living in this community by this one offence. But it is a serious offence and it would not be proper to treat him otherwise than on the principles which the Courts apply to others committing offences of the same nature.

Giving the appellant the maximum consideration possible for his long period of blameless life, this Court cannot but decide that he must serve a custodial sentence. In view of that previous record, however, it is possible to reduce the sentence imposed by the District Court.

Accordingly that sentence is set aside and a sentence of four weeks' imprisonment is imposed in place of it.