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Reports of the Trust Territory of the Pacific Islands |
ITENO SENIP,
Appellant
v.
TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee
Criminal Case No.132
Trial Division of the High
Court
Truk District
September 21, 1961
Appeal from conviction in Truk District Court of violation of motor vehicle statutes prohibiting driving without brakes (T.T.C., Sec. 813(b)) and reckless driving (Sec. 815(b)). Appellant contends that he was unaware of defect in brakes and consequently did not have criminal intent to violate statutes and that incident was a case of unavoidable accident. The Trial Division of the High Court, Associate Justice Paul F. Kinnare, held that neither intent nor knowledge are necessary elements of statutory crime of driving without brakes, but that evidence was insufficient to establish crime of reckless driving beyond reasonable doubt.
Affirmed in part and reversed in part.
1. Motor Vehicles - Brakes
Every motor vehicle when operating on highways of Trust Territory must be equipped with safe brakes in good working order. (T.T.C., Sec. 813 (b) )
2. Criminal Law - Strict Liability
It is within power of legislature to declare an act criminal irrespective of intent or knowledge of doer of act.
3. Criminal Law - Strict Liability
Although criminal intent is essential element of common law crimes, it is not always necessary element of statutory crimes.
4. Motor Vehicles - Generally
Under many statutes making non-compliance with motor vehicle regulations an offense, neither intent to violate nor knowledge of violation constitutes element of offense.
5. Motor Vehicles - Brakes
Where accused operated vehicle while brakes were inadequate to control movement, finding of guilt of statutory offense will be sustained. (T.T.C., Sec. 813 (b) )
6. Motor Vehicles - Brakes
Thirty days imprisonment for violation of statute requiring working brakes may be excessive when accused was unaware of defect. (T.T.C., Sec. 813 (b) )
7. Reckless Driving -- Generally
One may not drive vehicle on Trust Territory highway carelessly and heedlessly in wilful or wanton disregard of rights and safety of others, or without due caution at speed or in manner so as to endanger or be likely to endanger person or property. (T.T.C., Sec. 815(b) )
8. Reckless Driving - Fault
Mechanical failure of brakes where driver was not aware of defect is insufficient to sustain conviction for reckless driving. (T.T.C., Sec. 815 (b) (2) )
9. Torts - Negligence
In civil action, one cannot be held responsible for negligence unless he had knowledge or reasonably was chargeable with knowledge that act or omission involved danger to another.
10. Reckless Driving - Negligence
Rule in civil actions that violation of statute is negligence per se is not applicable in criminal prosecution for reckless driving. (T.T.C Sec. 815 (b) (2) )
