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Public Prosecutor v Talemaibau [1988] VULawRp 11; [1980-1994] Van LR 354 (7 July 1988)

[1980-1994] Van LR 354

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CRIMINAL JURISDICTION

Criminal (Appeal) Case No. 23 of 1987

BETWEEN:

PUBLIC PROSECUTOR
Appellant

AND:

PAULINE TALEMAIBAU
Respondent

Coram: Chief Justice Cooke

JUDGMENT

[CRIMINAL LAW - motor vehicle offences - STATUTES - offences of absolute liability]

In this case, the only matter for consideration is whether an absolute liability attaches to a person who drives a vehicle without at least, a third party insurance, required by Section 36 (1) of Joint Traffic Regulation No. 4 of 1962.

I have already held in the case of Peter Struik and Gary Elsass -v- Public Prosecutor and the case of Dovan -v- Public Prosecutor that an absolute liability attaches to a person, where Parliament has in the particular legislation made it clear and unambiguous that such is the case. The Court of Appeal has not in either case chosen to differ from my findings.

The interpretation of the Regulation does not require the assistance of any other legislation when the meaning is clear. The interpretation I hold, must be so, in order to protect innocent persons, who use the roads of this country, from the action of motorists, whether innocently or otherwise, who may injure them. The legislature enacts that a driver of a vehicle, before he drives such a vehicle shall be covered by a valid insurance. It is quite nonsensical for a person to say that he thought this or that. There is a duty cast upon him to have a valid insurance policy before he drives. If he does not have such, it is clear that he has committed an offence under the law of this country.

I fully agree with Mr Dickenson, the Public Prosecutor, that guidance as to interpretation of our statutes can be obtained from decisions of decided cases in England or elsewhere if the legislation of those countries is similar to the legislation in force in this country.

Accordingly I allow the appeal of the Public Prosecutor. The Public Prosecutor does not wish to continue with the case against the Respondent and applies to withdraw the charge. The application is granted.

Dated at Vila this 7th day of July, 1988.

FREDERICK G. COOKE
CHIEF JUSTICE