Home | Databases | WorldLII | Search | Feedback Reports of the Trust Territory of the Pacific Islands

  Download original PDF

Haruo v Trust Territory [1965] TTLawRp 9; 3 TTR 39 (27 May 1965)

3 TTR 39

SKILANG HARUO,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Case No. 264
Trial Division of the High Court
Palau District

May 27, 1965

Appeal from conviction in Palau District Court of reckless driving in violation of T.T.C., Sec. 815(b), as amended, in which accused, while driving motorcycle on highway, struck and injured child. On appeal, defendant contends that mere occurrence of accident, without showing of fault, does not infer reckless driving. The Trial Division of the High Court, Chief Justice E. P. Furber, held that some more serious fault than simple negligence must be shown to make one criminally liable for reckless driving, and that mere occurrence of accident does not raise inference of guilt.

Reversed and remanded.

1. Criminal Law – Admissions

Apology to mother of victim of motorcycle accident does not indicate admission of blame or fault on part of one accused of reckless driving. (T.T.C., Sec. 815(b), as amended)

2. Criminal Law – Admissions

Expressions of regret or apologies for another's injury are in public interest and should not be discouraged or held against accused in criminal proceedings as admission of anything not stated in them.

3. Reckless Driving – Fault

Amendment to Trust Territory law defining reckless driving was not intended to make one criminally liable for crime simply for being involved in accident regardless entirely of question of blame. (T.T.C., Sec. 815(b), as amended)

4. Reckless Driving – Fault

In amending Trust Territory law defining reckless driving, authorities intended to make clear that some more serious fault than simple negligence must be shown, and that violation is substantial misdemeanor warranting substantial sentence if guilt is shown. (T.T.C., Sec. 815(b), as amended)

5. Reckless Driving – Generally

In construing legislation regarding crime of reckless driving, American precedents and theories must be considered and applied in Trust Territory. (T.T.C., Sec. 815(b), as amended)

6. Reckless Driving – Fault

One is not to be held absolutely liable for any injuries caused by accident in which he may become involved, but only for injuries caused by accidents for which he is to blame in some manner because of wilful wrong or negligence. (T.T.C., Sec. 815 (b), as amended)

7. Reckless Driving – Fault

Higher degree of blame is generally required for criminal liability than would be sufficient for civil liability.

8. Reckless Driving – "Likely to Endanger"

Elimination of words "so as to endanger" and retention of words "in such a manner as to be likely to endanger" in Trust Territory law defining reckless driving import legislative intention to require-·showing of substantial blame or fault. (T.T.C., Sec. 815(b), as amended)

9. Reckless Driving – "Likely to Endanger"