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Baru v Reginam [1988] SBHC 5; [1988-1989] SILR 132 (20 June 1988)

[1988-1989] SILR 132

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Appeal Case No. 19 of 1988

PETER BARU

v

REGINAM

High Court of Solomon Islands
(Ward C.J.)
Criminal Appeal Case No. 19 of 1988

Hearing: 20 June 1988
Judgment: 20 June 1988

Appeal against sentence - Driving whilst disqualified - whether disqualification period too long for Appellant who is a driver by occupation.

Facts:

The Appellant, a driver by occupation, appealed against sentence imposed on two offences each of driving whilst disqualified and driving without third party insurance. The Court imposed a total penalty of six months imprisonment and disqualified the Appellant for seven years.

Held:

(1) The disqualification period of seven years was too long. The Appellant was a driver by occupation and as such he would be hard hit by such a long disqualification.

(2) Driving whilst disqualified is a serious matter because it shows a flagrant disregard for a court order.

(3) The real punishment for cases of driving whilst disqualified is imprisonment. While an order of disqualification is appropriate it should not be lengthy especially where the accused is a driver by occupation.

Accordingly the appeal was allowed and the order of disqualification reduced to a total of two years.

Appellant in person
F. Mwanesalua, DPP, for the Respondent

WARD C.T: This is an appeal against a sentence imposed for two offences each of driving whilst disqualified and driving without third party insurance.

The court imposed a total penalty of six months imprisonment and disqualified the driver for seven years.

The Director of Public Prosecutions frankly and correctly suggests that the disqualification period is too long. The Appellant is a driver by occupation and his personal circumstances mean that he will be hard hit by such a period of disqualification.

Driving whilst disqualified is a serious matter because it shows a flagrant disregard for a court order. In this case it occurred less than one month after the order of disqualification.

In cases of driving whilst disqualified, the real punishment is imprisonment. Whilst an order of disqualification is appropriate, it should not be lengthy especially, as here, where the accused is a driver by occupation. It is different from cases where the disqualification is the result of bad driving as such.

The appeal is allowed and the order of disqualification varied as follows –

The Appellant must realise that a further offence of driving whilst disqualified will place him in peril of a very much higher penalty next time.