DC 4079
PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS TRAFFIC JURISDICTION]
WTC No  817 of 2020
BETWEEN
THE POLICE
Informant

AND
ALEX BUNA
Defendant

Waigani:  S Tanei 

2020:  19th of November
             

TRAFFIC OFFENCE – Driving Without Due Care and Attention – s 28(2)(a) – Road Traffic Rules- Road User Rules 2017

TRAFFIC OFFENCE- Sentence – Plea of Guilty – principles of sentencing discussed and considered – Driving Without Due Care and Attention- Mitigating Factors considered – Fine of K 1, 000.00.

Cases Cited

State –v- Dua (2013) PNGNC 8; N4957
Police –v- Albert Manape WTC 740 of 2020,21.09.2020,Unreported.
Police –v- Noel Henao WTC 744 of 2020, 21.09.2020, Unreported. 
Police –v- Gispe [2020] PNGDC 17; DC4073 

References

Legislation

District Courts Act 1963
Road Traffic Rules – Road User Rules 2017

Counsel
Sergeant Emmanuel Bigam, for the Informant 
The Defendant in Person
RULING ON SENTENCE
19th  November 2020

S Tanei: The Offender, Alex Buna pleaded guilty to one count of Driving Without Due Care and Attention on 19th October 2020. 

2. This is my ruling on sentence. 

FACTS: 

3. The Offender, Alex Buna was charged with one count of Driving Without Due Care and Attention under section 28 (2) (a) of the Road Traffic Rules – Road User Rules 2017. 

4. Alex Buna pleaded guilty to the following facts;

5. On 7th October 2020 at around 8.00 am, Alex Buna, drove a  Motor Vehicle namely a white Ford Ranger bearing registration number BFD 439 along the 8 Mile Settlement road in the National Capital District.  

6. At that time, the Offender tried to avoid a pothole and drove into the Complainant’s vehicle namely a Police vehicle bearing registration number ZPD 535. The Complainant had a right of way at that time. This resulted in slight scratches to the Complainant’s rear right hand side. 

7. The Offender was then taken to the Boroko Police Station, cautioned, arrested, charged and placed in the police cells. 

ANTECEDENT REPORT

8. The Offender is 24 years old and hails from Wilya Village in Mt. Hagen, Western Highlands Province. He is single and resides at 2 Mile, NCD. He is a Student at the Institute of Business Studies and has no prior convictions. 

ALLOCOTUS:

8. During Allocotus, the Offender said he was sorry for what he had done. He also stated that he had never been involved in an accident before. He asked the Court for leniency when it hands down his sentence. 

ISSUES:

9. The Court is faced with the following issues;

a)	What is the sentence the Court should impose on the Offender?

THE LAW

10. Section 28 (2) (a) of the Road Traffic Rules – Road User Rules 2017 provides that; 
“(2) The driver of a motor vehicle on a public street must not–
(a)	drive without due care and attention;……..”

11. The penalty for this offence is provided under Schedule 1 of the Road Traffic (Offences & Penalties Regulation) Act 2017. This offence carries a maximum penalty of  K 2, 500.00 fine and an infringement fee of K 500. 
SENTENCE
13. In deciding on the appropriate sentence the Court must be guided by sentencing principles. 

14. I will adopt the decision making process applied by His Honour Justice Cannings in the case of State –v- Dua (2013) PNGNC 8; N4957 and the recent cases of Police –v- Albert Manape WTC 740 of 2020, 21.09.2020, Unreported  and Police –v- Noel Henao WTC 744 of 2020, 21.09.2020, Unreported.  In those cases, the the following decision making process was used:

•	step 1: what is the maximum penalty?
•	step 2: what is a proper starting point?
•	step 3: what sentences have been imposed for equivalent offences?
•	step 4: what is the head sentence?

Step 1: what is the maximum penalty?

15. The maximum penalty provided for under the Regulations is a fine of K 2, 500.00. This is reserved for the worst case scenario. 

Step 2: what is a proper starting point?

16. In the cases provided above, I held that the proper starting point would be the mid-point since the Prisoner pleaded guilty. 

17. In our case, the mid-point would be an amount of K 1, 250.00 fine. 

Step 3: what sentences have been imposed for equivalent offences?

18. As in the cases mentioned above I will rely on the mitigating factors and aggravating factors and work up or down from the mid-point. 

19. In the case of Police –v- Albert Manape, the offender pleaded guilty to one count of driving without due care and attention. He was fined K 2, 500.00 because his case was in the worst case scenario. Here, the prisoner showed no remorse for his actions as he was under the influence of alcohol and also the vehicle that he crashed into was damaged beyond repair. His case fell under the worst case scenario. 

20. In the case of Police –v- Gispe [2020] PNGDC 17; DC4073, the Offender pleaded guilty to one count of driving without due care and attention. He was fined K 1, 000.00 because he had co-operated with Police, he assisted in fully repairing the vehicle that he damaged and he showed genuine remorse. 

Step 4: what is the head sentence?

21. The mitigating factors are; 
a)	The offender pleaded guilty to the offence right after he was arraigned. 
b)	The offender is a first time offender with no prior convictions. 
c)	He showed genuine remorse.

22. The aggravating factors are; 

a)	He drove into the wrong lane. 

23. When considering the aggravating factors and the mitigating factors, the mitigating factors outweigh the aggravating factors.

24. In submissions on sentence, Sergeant Bigam of Police Prosecutions submitted that these types of offences are prevalent and the Court must impose a sentence to deter people from committing them. 

25. I uphold the submissions by the Prosecutor that the relevant sentence must deter people from committing the offence. 

26. However, I find that the Offender co-operated well with the Police when he was arrested. Also, he showed very genuine remorse during allocotus and there was no serious damage to the vehicle his vehicle ran into. The damage was only a slight scratch at the rear end. 

CONCLUSION 

27. Considering the above, I find that the appropriate penalty would be fine of K 1, 000.00. 

COURT ORDERS

27. The following are the formal orders of the Court; 

1.	Alex Buna, having pleaded guilty and being convicted of the offence of Driving Without Due Care and Attention under section 28 (2) (a) of the Road Traffic Rules – Road User Rules 2017 is to pay a fine of K 1, 000.00 

2.	The Offender’s Bail of K 1,000.00 is forfeited and converted to Court fine and pays for the total fine. 

Lawyer for the Informant  		Police Prosecutions 
Lawyer for the Offender: 		In Person