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Regina v Samo [2016] SBMC 27; Criminal Case 614 of 2016 (13 October 2016)

IN THE CENTRAL MAGISTRATE COURT )
OF SOLOMON ISLANDS AT HONIARA )
(Criminal Jurisdiction)

Criminal Case No. 614 of 2016

Regina

-v-

Rofen Samo

Prosecution: Mr. E. Konle of Police Prosecutions (PPO)
Defence: Accused in person
Hearing: October 10, 2016
Sentence: October 13, 2016

Sentence

1. The accused, Rofen Samo, pleaded guilty to the following charges:
   

(i) Reckless or Dangerous driving, contrary to section 39(1) of the Road Transport Act. Has maximum penalty of fine of $5,000 or 6 months imprisonment or both;

(ii) Taking Vehicle Without Authority, contrary to section 59(1) of the Road Transport Act. It carries a maximum penalty of fine of $5000 fine or 6 months imprisonment or both;

(ii) Driving Without A Valid Driving License, contrary to section 20(1) of the Road Transport Act. Has maximum penalty of fine of $5,000 or 6 months imprisonment or both;

(iv) Using Unlicensed Motor Vehicle, contrary to section 7(1) of the Road Transport Act. Has maximum penalty of fine of $5,000 or 6 months imprisonment or both;

(v) Driving Uninsured Motor Vehicle, contrary to section 8(1) of Motor Vehicles (Third Party Insurance) Act. It carries a maximum penalty of fine of $150, or to imprisonment for four months or to both such fine and such imprisonment; and

(vi) Fraudulent Imitation of Plate Number, contrary to section 81 of the Road Transport Act. It carries a maximum penalty of fine of $10,000 of 1 year imprisonment or both.

2. He committed these offences on 28^th of August 2016 along the Tuvaruhu road close to Honiara High School compound.
   
3. At about 10:30am, the accused was driving a white Suzuki vehicle bearing the registered number MA-0299, along the Tuvaruhu Road heading towards China town direction. He was observed driving in a high speed when he drove past Honiara High School. On his way back and as he was about to turn into a feeder road leading to a workshop, he hit a young female pedestrian by the name of Ella Gapirongo who was walking across that feeder road with her niece. It threw her off the road and landed on a heap of soil about 6 steps away from where she was hit, rendering her unconscious. She sustained injuries to her body. Fortunately, she survived the impact. She was taken to the National Referral Hospital for medical treatment afterwards.
   
4. Realizing he had hit a pedestrian, the accused got out of the vehicle and escaped. He was arrested on the following day near the workshop area. Upon police investigation, it was discovered that he didn’t have a valid driving license and drove that vehicle without the authority or permission of its owner. Also, that vehicle didn’t have a valid vehicle license and a third party insurance. Further, the plate number of that vehicle was not its proper and assigned number but belong to a different vehicle.
   
5. From these facts, it is clear that is a dangerous and a bad piece of driving. The accused has shown total disregard to the safety of pedestrians when he hit the victim in the middle of the feeder road leading to the workshop. Since the accident occurred in a broad day light, only drivers who are blind, careless and reckless or dangerous with their driving can hit a pedestrian walking at that portion of the road.
   
6. Also, the defendant almost flouted all aspects of the traffic rules and regulation in relation to his driving. He took the vehicle without the authority of the owner and drove it when it has no valid license, insurance, and a different number plate. Even he didn’t have any driving license. Apart from this, I find the offences regarding his driving license and the vehicle license were deliberately committed and one that cannot be said to happen by mistake. He knew very well that he has no valid driving license including that of the vehicle, yet he drove that vehicle. Finally, he caused a pedestrian to suffer bodily pain and injuries as a result of being hit by that vehicle. That nearly ended her life and clearly, it must have been a traumatic experience for her.
   
7. This type of culpable and arrogant driving needs to be discouraged in our town so that the safety of pedestrians, properties and other road users are guaranteed. Public roads that run through settlements and suburbs should not be treated as highways. The accused ought to know that section of the road from Honiara High School and upwards runs through residences, school, shops and a church. Therefore, it is expected that a lot of pedestrians would use that road and hence, extra care should be taken when driving along that road. In this case, he failed to exercise that care expected of him and hit the pedestrian.
   
8. I have observed these offences committed by the accused are now prevalent in Honiara especially when carelessness, alcohol, pride or ignorance dominated the mindset of drivers. Despite some of the hefty fines I’ve imposed for past traffic offences, ongoing police awareness programs to ensure adherence to traffic rules and regulations, and the introduction of the breathalyzer test, the trend continued to be sky-rocketed. This problem in my view lies in the attitude of individuals and is like a syndrome to the enforcement of law and order in our country. To cure this syndrome requires a definite need for improvement and a change of attitude of an individual. As responsible citizens and inhabitants of this country, we have to change and move forward towards building good character and attitude within ourselves. We have to change our behavior, our mentality and thinking to become law abiding citizens in order for this nation to change. This is a responsibility call rests solely on an individual because if we think it’s someone else responsibility or just fond of criticizing our leaders or our police enforcement agencies then we are not taking any step to changing, to become responsible, law abiding persons and good citizens of this country. That responsibility call starts and ends with an individual since only by being different we can make a difference. That should be our attitude and our goal.
   
9. On the other hand, a contrary attitude to this only leads to one direction. That is to go DOWN and start decaying in the way we respond to our state laws and regulations and building of good character, attitudes and values. This inevitably will lead to widespread commission of crimes and the breakdown of law and order that we’ve have already experienced at present.
   
10. Based on these reasons alluded to and the need for deterrence in light of the prevalence of these offences in Honiara, it is my view that a custodial sentence is the appropriate disposition for this case.
    
11. For purposes of imposing the sentence, I take into account that he is a first time offender, married with 3 children, had paid $500 to the victim and had entered an early guilty plea. He is very remorseful for what he had done. However, the sentence that I will pass will not only reflect his personal and mitigating factors but must able to protect the public particularly our pedestrians in Honiara that enough is enough of these breaches of our traffic rules and regulation.
    
12. This sentence must also send a message to any likeminded offenders the new approach this Court will take in terms sentencing traffic offenders for dangerous driving in light of its current prevalence.
    
13. I noted the maximum custodial sentence for almost each of the offence is 6 months imprisonment. I therefore impose the following sentences on the accused, Rofen Samo:
    

(i) Reckless and Dangerous driving, contrary to section 39(1) of the Road Transport Act – 4 months imprisonment

(ii) Taking Vehicle Without Authority, contrary to section 59(1) of the Road Transport Act – 3 months imprisonment

(ii) Driving Without A Valid Driving License, contrary to section 20(1) of the Road Transport Act– 2 months imprisonment

(iv) Using Unlicensed Motor Vehicle, contrary to section 7(1) of the Road Transport Act – 2 months imprisonment

(v) Driving Uninsured Motor Vehicle, contrary to section 8(1) of Motor Vehicles (Third Party Insurance) Act. – 1 month imprisonment

(vi) Fraudulent Imitation of Plate Number, contrary to section 81 of the Road Transport Act – 4 months imprisonment

14. Since all these offences were committed on the same day, I order that all sentences are to be served concurrently - meaning he will only serve 4 months imprisonment term for all offences.
    
15. Pursuant to section 29 of the Road Transport Act, the accused is disqualified from driving or obtaining or renewing his driving license for a period of 6 months starting from today.
    

ORDERS OF THE COURT

(A) Impose 4 months concurrent sentence for the accused.

(B) Period spent in custody is to be taken into account.

(C) Accused disqualified from driving or obtaining or renewing his driving license for a period of 6 months starting from today.

BY THE COURT

............................................................

Augustine Aulanga – Principal Magistrate