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Public Prosecutor v Toara [1999] VUSC 42; CRC 013 1998 (8 November 1999)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CRIMINAL JURISDICTION

CR No. 13 of 1998

PUBLIC PROSECUTOR

-v-

RICHARD TOARA

Coram:re Mr. JMr. Justice Oliver ksak
Ms Evelyne Sawia - Court Clerk

Mr

Mr. Kiel Loughman for Public Prosecutor
Mr. John W. Timakata fe Defendant.

SENTENCE

On 8^th November 1999 this Defendant pleaded guilty to three Counts of Reckless Driving causing death contrary to Section 12, to Driving without a Driver’s Licence contrary to Section 42, and to Driving Under the Influence of liquor contrary to Section 16. All charges were laid under the provisions of the Road Traffic (Control) Act CAP 29.

The accident took place on the road between Takara and Paunagisu settlements, North Efate on 15^th May 1999. The Defendant and his friends had been drinking the previous night. The Defendant drove his father’s vehicle after his father had given him the keys and told him to ask someone to drive to collect some paints to do some paint works that morning. The Defendant, contrary to instructions took his friends, one of whom sat with him inside and the other three one of whom was the deceased sat at the back of the vehicle for a joy ride which unfortunately turned into a tragedy. Being an inexperienced driver under the influence of liquor and without proper care attention and control, the Defendant caused an accident resulting in the death of the deceased. The deceased, about 19 years of age, being a student at Malapoa College sustained multiple injuries which resulted in his death on the spot.

It was submitted to me by the Public Prosecutor that in sentencing the Defendant the Court should follow the principles of sentencing enunciated in the cases of Public Prosecutor –v- James S. Kalmet Vol 1 V.L.R. p 122, and Public Prosecutor –v- Michael Kalsukar CR. 20 of 1999 unreported Judgment of Marum J., dated 31^st March 1999. Those sentencing principles particularly in the latter case have been applied in the present case.

Mr. Timakata on behalf of the Defendant submitted several factors which he urged the Court to take into account in mitigating sentence. These were the fact that the Defendant was a first-offender before the Courts. Secondly, that he had been remorseful about his actions. The deceased was his brother. Thirdly, that there had been customary settlement carried out in part with the family of the deceased and that the other part was awaiting performance. Fourthly, that the Defendant of his own free will decided to plead guilty to all three charges and his doing so has shown his willingness to co-operate saving costs, time and a lengthy trial. Fifthly, that the deceased and the Defendant’s friends became his passengers on their own choice and risked their own lives doing so. All these factors were taken into account in assessing sentences on the Defendant.

Further the Court also took into account the sentences imposed on defendants in the cases of Public Prosecutor –v- Silas Robert CR 51 of 1997 Unreported Judgment of Saksak J., dated 15^th December 1997, and Public Prosecutor –v- Kuvu Noel CR 87 of 1998 Unreported Judgment date 22 October 1998.

Considering all the cases and submissions referred to me I considered the following sentences in terms of fines to be appropriate in the circumstances of this case:-

(1) For Reckless Driving Causing Death, a fine of VT160.000.

(2) For Driving Without a Driver’s Licence, a fine of VT5.000.

(3) For Driving Under the Influence of Liquor, a fine of VT5.000.

In total, the Defendant will pay a fine of VT170.000. Of this amount, VT10.000 will be paid on the 15^th November 1999. The balance of VT160.000 will be payable within 3 months from today.

In the event of default, the Defendant will be imprisoned for 1 day for every VT500 outstanding as at 8^th February 2000. This is made pursuant to Section 52 (1) of the Penal Code Act CAP. 135.

Dated at Port Vila, this 8^th day of November, 1999.

BY THE COURT

OLIVER A. SAKSAK
JUDGE