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Public Prosecutor v Tebeim [2002] VUSC 26; Criminal Case No 017 of 2002 (13 May 2002)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

CRIMINAL CASE No.17 of 2002

PUBLIC PROSECUTOR

-v-

ESLINE TEBEIM

Coram: Chief Justice Vincent Lunabek

Counsels: Mr. Eric Siba for the Public Prosecutor

Mr. Kiel Loughman for the Defendant

SENTENCE

The defendant, Esline Tebeim was charged with the offence of Causing Death by reckless driving, contrary to Section 12 of the Road Traffic (Control) Act [CAP.29].

On 6 May 2002, the Court found her guilty as charged.

On 13 May 2002, having considered the submissions and mitigations presented before me by the prosecution and the defence counsels, the Court has reached the following sentence as the appropriate one to be applied in this case.

1. 2 years imprisonment suspended for 2 years.

Reasons: - No records of bad driving

- First time offending

- Mother of a very young baby of 8 months

- No evidence of a show-off event

- No alcohol at the time of the fatal incident

- Defendant was remorseful.

2. 12 months disqualification for driving.

DATED at PORT-VILA, this 13^th DAY of MAY, 2002

BY THE COURT

Vincent LUNABEK

Chief Justice