IN THE SUPREME COspan>
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Ca. 02 of 2002
>
PUBLIC PROSECUTOR
�v-
SUE BEDFORD
Prosecution - Mr. Eric Csiba
Defence- Mr. Nigel G. Morrison
SENTENCE
You have pleaded guilty to unintentionally causing thth of another
throughrough negligence contrary to Section 108 (c)
of the Penal Code and failing
to stop after a road traffic accident.
I have set out in the judgment
I read earlier my findings ct. I will not go into deta detail again on them.
I have read the many charact references put before me. They all speak highly of your your honesty, integrity
and kindness
and consideration for others. You have a long history of good
driving and no other convictions.
I haveoubt you have gone
over this incident again and again in your mind. I have no doubt yubt you have
had many sleepless
nights and that you will never forget this whole episode.
I have to decide wh the
correct sentence according to law. Anyone who waho walks or drives in or around
Port Vila sees
people driving without care for other road users,
particularly pedestrians. I stated in the case of Kaltang (Page 4),
�It is too late after killing or seriously injuring someone through reckless
or careless driving to say �I am sorry�. It is too late�.
I do not think you come in that
category. However, I haved you were driving too fast fast for the road
conditions, you
did travel at the edge off the tarmac and on the white
carrier and that your look out was grossly defective. I don�t know why
you
did that. I accept it was out of character for you.
However, it was not a momentary
lapse, and a man died as a result. On the evidence before me I cannot see
any basis to
suggest there was any contributory negligence.
You have pleaded guilty. I do
not reduce the credit for that by reason oson of the hearing. It was necessary to
establish
the basis for sentence. You have been co-operative throughout and
not sought to run away from your responsibilities. You clearly
like living
in Vanuatu and are giving much to the community.
In these circumstances I find
the starting point is a sentence of twelve months nths imprisonment reduced to
nine in view
of the mitigating factors.
The next question is whether or
not thatence should be suspended. ded. Your counsel has argued that your
case is very
similar to that of John Jenkinson �v- PP, where a
sentence of six months suspended for 18 months was considered correct.
Reference has also been made to
the case of PP �v- Joel Kaltang where here I imposed a sentence of twelve
months imprisonment but did not suspend it. The personal mitigation of Mr.
Kaltang was very similar to yours. He was a man of no convictions who had
given a lot to his community.
However, there two
significant differences. First he was driving a pg a public bus and second he had
drunk alcohol which
to some degree must have contributed to the accident.
There is no such finding in your case.
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The sentence is
Count 1: &bsp; ; &nbbp;&nnbsp;&nsp; &nbp;
9 m imprisonment sust suspended for 2 years.
Count 2:nt 2: ;&nbssp; &nsp;
;
Discharge undct Section 42 of CPC.
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If I could in lawualify
you from driving I would have done so for 3 � 3 � 5 years.
I would su you liaise with
Mr. Morrison and the chief to arrange custom settlement of this matt matter. It
is certainly
important for the family of George Naio and I think it will
help you.
R. J. COVENTRY
Judge
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