DC8003
PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS TRAFFIC JURISDICTION]
WTC No 08 of 2022
BETWEEN
THE POLICE
Informant

AND
HENRY KOIM
Defendant

Waigani: O Ore Magistrate 

2022:  12th , 18th & 25th January
             

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

TRAFFIC OFFENCE- Sentencing – Plea of Guilty – Discretion of Court to impose appropriate penalty – Consideration of Mitigating and Aggravating Factors – fine of K1500

PNG Cases Cited

Vagi Gau v Ken Kone Eava [1976] PNGLR 485
Police v Alex Buna DC 4079

Overseas Cases

Nil

References

Legislation

Road (Offences & Penalties Regulation) Act 2017
Road Traffic Rules – Road User Rules 2017

Counsel
Bigam E, for the Informant 
The Defendant in Person
RULING ON SENTENCE
25th January 2022

1.	O Ore, Magistrate: Henry Koim 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.

2.	He pleaded guilty to this charge on the 12th January 2022. A provisional plea of guilty was entered in the first instance. It was only after he had confirmed his plea after the summary of facts were read to him that a plea of guilty was entered. 

3.	Submissions on sentence were made by both the Police Prosecutions and the Offender on 18th January 2022. Both submissions were brief as written submissions were filed earlier and were on the Court file.

FACTS

4.	The following are the summary of facts in which the Offender accepted and pleaded guilty to.

5.	On Saturday 11th December 2021 at around 7:25am in the morning at 9 mile round about, the Offender was driving a silver Premio sedan bearing the registration number BDY 447. 

6.	At that time, the Offender was under the influence of alcohol and was driving through 9 mile round about heading to Jacksons airport to leave his brother. The Complainant was driving a green sedan Camry bearing the registration number BFU 166 was also at the 9-mile roundabout in front of the Offender’s vehicle on the same lane. The Offender drove from the back and hit the Complainant’s vehicle thus damaging the rear right side of the vehicle.

7.	The Offender was brought to 4 Mile Traffic Police Station. Upon inspecting the vehicle, the Offender’s vehicle registration was also expired since the 08th of January 2021. He was arrested and charged and locked up at the Boroko Cells.

ANTECEDENT REPORT 

8.	The Offender is aged 32 and comes from Warakar Village, Banz District, Jiwaka Province. He is unemployed and lives with his wife at Erima, NCD. He has no prior convictions.

ALLOCUTUS

9.	On allocutus, the Offender said that he was rushing to leave a Police Officer at the airport and caused the accident. He says he hit the back side of the other vehicle and caused damage. 

10.	His attempts to pay for the damages done to the other vehicle were refused by the owner. He said sorry to the Court and said that this was his first time to appear before the Court.

ISSUE

11.	The issue before this Court is what sort of punishment should be imposed on the Defendant.

RELEVANT LAW

12.	The Defendant has pleaded guilty to the offence of Driving Without Due Care and Attention under Section 28 (2) (a) of the Road Traffic Regulations – Road User Rules 2017.

13.	The penalty itself for such an offence is provided for under Schedule 1 of the Road (Offences & Penalties Regulation) Act 2017 and carries a maximum penalty of K2500 as fine and an infringement fee of K500.

SENTENCING

14.	The Prosecution relied on their written submissions filed earlier. Sergeant Bigam asked the Court to consider the mitigating and aggravating factors and make a decision to award an appropriate penalty.

15.	The Offender in his reply said he was sorry.

What should be the Starting Point?

16.	Before considering an appropriate penalty, I must first establish a starting point. Since the accused pleaded guilty, I adopt the principal in Police v Alex Buna DC 4079 for an offender who pleads guilty and find the starting point to be the midpoint of K2500 which is K1250.

17.	It is now up to the Court to decide on the appropriate penalty to be applied. In the exercise of my discretion, I will consider the circumstance or the background of the case.

18.	In considering the background of the case, I find that the Defendant was drunk at that time and driving an unregistered vehicle. As is prevalent nowadays, his attempts to buy himself out of trouble were refused by the Complainant. 

19.	I now consider the mitigating factors and the aggravating factors. 

20.	The Mitigating factors are that:

a.	He pleaded guilty on arraignment thus saving the Court time.
b.	He is a first-time offender.
c.	He expressed remorse.

21.	The Aggravating factors are:

a.	He drove carelessly.
b.	He was under the influence of liquor.
c.	He was driving a vehicle with expired registration since 08th January 2021 (almost a year).

What is the appropriate sentence?

22.	Despite both Mitigating and Aggravating factors weighing each other out., I find this case to be serious. This is because the aggravating factors in my view outweigh his mitigating factors when considering the circumstances of the case. He drove an unregistered vehicle carelessly whilst under the influence of liquor. Luckily enough, no one was hurt or injured in the accident.

23.	Because of the prevalence of the offence and also the serious aggravating factors, I find that the appropriate penalty to impose is a fine of K1500. Also seeing that the Defendant has been driving an unregistered vehicle for over a year, I will make orders that the vehicle, Toyota Premio Sedan, Silver in Colour and bearing the Registration Number BDY 447 be grounded immediately and shall be used only upon the Defendant making full payments to register the said vehicle.

COURT ORDERS

24.	I therefore make the following orders;

a.	The Offender is fined K1500 after having pleaded guilty and convicted of the charge of Driving Without Due Care and Attention under section 28 (2) (a) of the Road Traffic Regulations – Road User Rules 2017.

b.	The motor vehicle namely, Toyota Premio Sedan Grey in Colour bearing the registration number BDY 447 shall not be driven by the Offender or any of his relatives and associates until it is fully registered.

c.	In breach of order (b) above, the said vehicle described above shall be impounded by the Traffic Police and shall be released upon evidence showing payment of full registration of the vehicle.

d.	The Offender’s bail money of K500 is forfeited and converted into Court fine and pays for part of the Court fine.

e.	The remaining balance of the Court fine being K1000 is to paid within two weeks  and in default, the Offender shall be brought before the Court and if found guilty of wilfully breaching the Orders of this Court, shall be committed to Bomana Prison for 3 months in hard labour.

f.	    Matter is adjourned to Wednesday 02nd February 2022 to check for compliance of these orders.
 
Lawyer for the Informant  		Police Prosecutions 
Lawyer for the Offender: 		In Person