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Regina v Kaukui [2009] SBHC 25; HCSI-CRC 593 of 2005 (10 July 2009)

HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No: 593 OF 2005

REGINA

V

PHILIP KAUKUI

(Naqiolevu, J)

Date of Hearing: 17 July 2008, 1, 8, 11, 15 August 2008, 31 October 2008 and 26 June 2009

Date of Sentence 10 July 2009

For Crown: - Mr Coates
For Accused: – Mr Tagini

SENTENCE

Naqiolevu J:

The accused pleaded guilty and is convicted of the following offences:

Count 1: Causing death by recklessly or dangerous and driving contrary to Section38 of T. Act.

Count 2: Driving a motor vehicle without driving licence, contrary to Section 20 (1) T. Act.

Count 3: Using an unlicenced vehicle on a road contrary to Section 7 (1) T. Act.

FACTS

1 On the evening of 23 April 2005 the offender had been with family and friends and consumed a number of beers. He then drove to King’s Taxi Base with Dickson Suri and met up with Leslie Leo. At the taxi base the offender consumed additional beer.

2 In the early hours of the morning on 24 April 2005 the accused went driving to look for his cousin and uncle. At about 7.30 am the offender met another uncle who wanted a lift. The offender drove his uncle to Vavaya Ride and then back to Town Ground. He then received a message that his driver was at the Black Jack Base. At about 9.30 am on 24 April 2005 he then drove from town towards Rove.

3 At that time there were a number of people on the street. Amongst these people were Mebal Dora’adi and Ingrid Uesikeni. They were walking in a westerly direction on the footpath in front of the NPF Plaza on Mendana Ave.

4 The offender’s car veered to the left and mounted the footpath. It then hit the concrete flowerbed and continued along the footpath. Mebal Dora’adi was able to jump to her left but was hit by the car and thrown into the flower bed. Ingrid Uesikeni was hit from behind the car. She was thrown into the air and landed on the car. She was carried on the car for a short distance before being thrown from the car and next to the palm trees at the western end of NPF Plaza. The car continued along the footpath and then back on to the road. The car stopped at the bus stop near the National Museum.

5 There was no forensic or scientific measurements of speed but a number of witnesses at the scene describe the car as traveling at speed or high speed. Police Office Walter Leleina saw the incident and states that the driver was traveling at high speed. The witnesses give estimates of between 60km/h to 90km/h. The speed limit for the road is 50km/h.

6 Once the car had stopped the driver got out of the car. Kilo Samsoni saw the driver at the scene and described him as looking very drunk. Police Officer Walter Leleina went to the scene and spoke to the driver. He described the driver as smelling of liquor and he had red eyes. As the incident occurred just east of the Central Police Station a number of police went to the scene to offer assistance. Police Officer Mathias TARA looked into the car and saw an opened half full bottle of SB in the car. He formed the opinion that the driver was drunk, smelt of intoxicating liquor, walked unsteadily and had flush red eyes. Police Officer Hilda Tuita stated that the driver looked frightened and that his eyes were red and he smelt of liquor. Police Officer Alfred Adgi stated that the driver looked like he had been drinking and had not slept that night.

7 Traffic Investigator S/Sgt David Waura attended the scene and observed the offender at 10.15 am. He observed that the offender smelt very strong of alcohol. His eyes were red and he looked drunk. However he also observed that the offender was able to walk a straight line.

8 The victim was taken to the National Referral Hospital and was initially stabalised. However at 12.15pm, she started to vomit fresh blood and was pronounced dead at 1.45pm from respiratory arrest due to severe head injuries.

9 The offender provided a statement to police and stated that he had a couple of beers in the evening and at about 11.30 pm they went to a club and then to King’s Taxi Base to finish the beers. At some stage his cousin and uncle left and about 3.30 am he went looking for them. At 7.30 am he met an uncle and drove him to Vavaya Ridge. He then received a radio call that his driver was at Black Jack Base. On his way to the Base he was traveling at low speed when awoken by a big bang when he hit the flower bed on the footpath. He turned the car to the right and saw the victims lying on the road.

10 The offender did not have a driver’s licence at the time of the offence and the motor vehicle he was driving was also not licenced.

11 The Crown case is that the offender’s manner of driving was dangerous because he had been drinking, had not slept that night and continued to drive while tired and that he was driving at an unsafe speed. As a result of his manner of driving, the car then mounted the footpath and hit the two ladies in the death of Ingrid Uesikeni.

MITIGATION

12 The counsel for the accused in mitigation submit the accused is 27 years old and come from Sulufou Village, North Malaita. The accused throughout his lifetime has never at any time been convicted of an offence whether criminal or otherwise.

13 The accused has throughout the incident and whilst awaiting the outcome of the proceedings exercised compassion and assistance to the families of the victim, by assisting in a charter of a boat to convey the deceased body to her village.

14 The accused counsel maintain did not escape from the scene of the incident and assist the police in its investigation.

15 Counsel further submit the accused is single and supports an extended family of 20.

16 Counsel outline the various sentencing option to the Court and raised the authority of a s.44 punishment and range of fines.

17 The Court prior to sentence had asked counsel if his client wish to pursue the process of reconciliation given some form of reconciliation had commenced through some monetary compensation.

18 The Court has taken consideration the confirmation by the Crown Prosecutor that the family of the victim have accepted the compensation of cash and shell money, with further shell money as monetary compensation to be provided.

19 The offence is tragic and resulted in a loss of a life, this could never be replaced and the Court must take into consideration the need to impose a sentence that will send a clear message to motorists that they will face a severe sentence if convicted of such offence to ensure the protection of members of the public.

20 The Court having considered the accused’s plea of guilty which has saved the Court time and resources. The Court having considered the accused is a first offender and his compassion in assisting the family of the victim and subsequent action in seeking reconciliation.

21 The Court in all circumstances convict the accused as charged and enter the following sentence:

Count 1: Sentence to imprisonment for a period of 18 months suspended for 2 years.

Count 2: Order to pay a fine of $90.00 in default 28 days imprisonment.

Count 3: Order to pay a fine of $150.00 in default 28 days imprisonment.

The accused is disqualified from holding or obtaining a driving licence for a period of 12 months.

THE COURT