State v Singh [2006] FJMC 13; Traffic Case No 1671 of 2005 (18 July 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Traffic Case No. 1671 of 2005

STATE

V

SHIRLEY SANEETA SINGH
d/o Chandar Dip Singh

Prosecution: Sgt. Wilson
Defence: Mr Kofe.

JUDGMENT

The accused in this case has been charged with careless driving contrary to S99 (1) and 114 of the Lands Transport Act.

The facts are confirming as presented by the prosecution. However at the end of trial I have found the following as facts:

On 5th day of October 2005 the accused stopped at the junction of Alexander Street and Rewa Street to turn right. The approaching vehicle gave her way to turn. The complainant overtook the parked vehicle and moved forward to collide into the vehicle of the accused. It was a single lane road and the complainant was traveling straight going towards Milverton Road.

The complainant was also charged and he pleaded guilty to careless driving. The prosecution also charged the accused in this case for careless driving.

I have considered whole of evidence. Usually precaution is expected in such junctions when turning right in the face of on coming vehicle. However, the facts of this case make the complainant squarely liable for his actions.

It was a single lane road and the on coming vehicle had given way to the accused to execute her right turn into Alexander Road. She didn’t expect or wasn’t expected to think that another vehicle would overtake the parked vehicle and come forward towards the accused.

Had it been 2 lane road or the vehicle which gave way was also turning right then the situation and result for the accused would have been different.

On the present facts I find the accused did not fall short of an expected prudent driver.

Further more, the complainant in this case is the one who had created the risk and the fault on the road. Had he not disobeyed the road rules, there would have been no accident.

I find the accused not guilty and acquit her for the charge.

Dated this 18th Day of July 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE