N8526

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

CR No.  580 OF 2020
CR No. 581 OF 2020
CR No. 582 OF 2020

THE STATE

-v-

MENZIES TABI

Kiunga: Koeget, J
2020: 10th, 14th, 20th August

CRIMINAL LAW-Indictable offences – Dangerous Driving Causing Grievous Bodily Harm - section 328(2),(5) of the code – Driver intoxicated at the time he drove vehicle on public street – convicted on admissions in the record of interview – pleaded guilty in court – victims fully recovered, live normal life in the village – A lenient sentence to be imposed pursuant to section 19 of the Code.

FACT

On the night of 25th August 2018, the accused with Steven Taliva and Huberth Ovia drank alcohol at Mepu village, Kiunga in the Western Province. 
 
At about 5 o’clock in the morning the accused drove along the public street a motor vehicle, Toyota Land Cruiser open tray, registration number: KCS 001 with Steven Taliva and Madole John sitting in the front cabin while others sat in the tray of the vehicle.  He drove the vehicle towards Kiunga town and made several stops in town then proceeded to drive towards the OTML Mill and OTDF offices at very high speed.  As they drove to the OTML junction the vehicle negotiated the turn at a very high speed so the vehicle veered from the left to the right hand side and it ran off the road.  It rolled and hit the tree on the side of the road and stopped.  The passengers were thrown out of the vehicle on impact and some passengers sustained serious personal injuries so they were taken to Kiunga General Hospital where doctors attended to them.

The injuries sustained by the passengers were so serious so they were referred to the Kundiawa General Hospital for Specialist medical treatment.

Cases Cited:
   
 Nil 

Counsel:

D. Mark, for the State
B. Popeu, for the Accused

20th August, 2020

1.      KOEGET J: INTRODUCTION:  The accused is charged with three counts of Dangerous Driving Causing Grievous Bodily Harm pursuant to section 328 (2), (5) of the Criminal Code Act chapter 262.

2.     The prisoner pleaded guilty to three counts of Dangerous Driving Causing Grievous Bodily Harm.  There are admissions in the record of interview with the police so he was convicted on his plea and admissions in the record of interview.

ISSUE

3.     The issue is what is the appropriate sentences the Court should impose upon him.
   
LAW

“Section 328 – Dangerous Driving of a Motor Vehicle.

(2)	A person who drives a motor vehicle on a road or in a public place dangerously is guilty of a Misdemeanour

Penalty:	Subjection to succeeding provisions of this section –

On summary conviction – a fine not exceeding K200-00 or imprisonment for a term not exceeding six months, or both.

(5)	if the offender causes the death of or grievous bodily harm to another person he is liable on conviction on indictment to imprisonment for a term not exceeding five years.”

PERSONAL PARTICULARS

4.     The prisoner is from Mepu village, Kiunga in the Western Province.  He was 20 years of age when he committed the offence but is now 22 years of age and is a bachelor.

5.     He completed grade 8 at Montfort Primary school in Kiunga and proceeded to attend Mapex Training Institute in Kiunga and trained as Crane Operator.  He is unemployed at present and continues to reside at Mepu village with his parents.

AGGRAVATING FACTORS

6.     The offences are alcohol related.  The prisoner was intoxicated when he drove the motor vehicle in Kiunga town on the public street.  He drove the vehicle at a very high speed and failed to negotiate the turn at the inter section and consequently the vehicle veered from the left-hand side of the road to the right hand side where it over turned, rolled over and collided into a tree on the side of the road.  The passengers in the back tray were thrown out violently resulting in them sustaining very serious injuries.

MITIGATING FACTORS

7.     The prisoner is a first-time offender.  He cooperated well with the police and admitted commission of the offence in the record of interview.  He pleaded guilty to all counts in court and saved valuable time of the court.  

8.     His family paid for airfares and medical expenses and accommodation of those victims that needed specialist medical treatment at Kundiawa General Hospital and return to Kiunga.  All of these victims have fully recovered and have returned to live normal life in the village.

SENTENCE

9.      The prisoner was severely intoxicated when he drove the vehicle on the public street.  The passengers in the vehicle were drunk as well and were closely related to the prisoner. The prisoner had no driver’s licence and was inexperienced.

10.     The prisoner drove the vehicle at high speed resulting in the vehicle veering from left hand side of the road to the right-hand side before it over turned, rolled over and collided into a tree on the side of the road.  The passengers seated in the back tray were thrown out violently and as a result all received serious injuries. 

11.     Nevertheless, all victims have fully recovered and live normal lives in the village.  In the circumstances a lenient sentence ought to be imposed.

12.     The prisoner spent 3 months and 1 week in custody before being released on cash bail of K500.00.  

13.     In my view, that period is sufficient lesson for the prisoner to realise that driving a vehicle on a public street when intoxicated is an offence.  In this case, the prisoner is ordered to pay court fines of K1,000.00 each on all counts.  The prisoner’s cash bail is ordered to be converted to paying the initial count fines imposed.  The balance of K2,500.00 is to be paid to the Provincial Treasury Office forthwith before the prisoner leave the court by the end of the day.

Accordingly Ordered.
_____________________________________________________________	
Public Prosecutor 	:	Lawyers for the State		
Public Solicitor 	:	Lawyers for the Accused