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Public Prosecutor v Orambat [2025] VUMC 7; Criminal Case 793 of 2025 (23 May 2025)

PUBLIC PROSECUTOR

V

YEN ORAMBAT

Date of Sentence: 23 May 2025.

Before: Magistrate Pantutun

In Attendance: Mr. Asang for the Public prosecutor
Defendant: in person

Introduction

1. Mr Yen Orambat, you are charged with one count of careless driving contrary to section 14 of Road Traffic Control Act Cap 29.
2. You appear today before court for plea, you admitted to the facts as “YES HEMI TRUE”
3. Accordingly, based on your guilty plea and own admission, I convicted you, Yen Orambat on one count of careless driving contrary to section 14 of Road Traffic Control Act CAP 29

Brief facts

Yen Orambath, on 5^th August 2023 at Lakatoro Public Road, central Malekula, you are driving a grey Mitsubishi Registration number PTM 411, without extra care and attention, you collide into the drainage causing an accident.

Relevant law and its penalty

4. The offending is in breached of section 14 of the Road Traffic Control Act (CAP 29).
5. It carries a maximum penalty of six months imprisonment or 50,000vt fine or both such fine and imprisonment.
   
6. The accepted aggravating factors, Mr Yen Orambat, you fail to exercise your duty of care while driving, there are also passengers and the likelihood of life loose is high.
   
7. You are under influence of alcohol when such incident occurs.
   
8. I take note of your earlier guilty plea, your personal backgrounds and your remorseful for such action and also realizing the wrong you have done.
   
9. Therefore, after hearing the brief facts produced by the prosecution, the court is satisfied beyond reasonable doubt that the facts were undisputed and so you are convicted by this court.
   
10. Given the nature of offending, the court order you to pay a fine of 5,000VT and a prosecution cost of 2,000VT.
    
11. Reasons for sentencing
    
    • (a) This sentencing will send message of deterrence, punish you for your action and the like offenders from committing such similar offence in the future.
    • (b) Denounce your action for safety of road users and the safety of society.
    • (c) This sentence will also make you realize the wrong of your action and to be more careful in future when driving vehicle.
      
12. You have 1 month to pay fine of 5000VT and prosecution cost of 2,000Vt.
    
13. You have 14 days to appeal this decision from the date of this sentence if you not happy.
    

DATED at Port Vila, this 23 DAY OF MAY 2025.

BY THE COURT

MAGSTRATE.