State v Prakash [2012] FJMC 241; Traffic Case 463.2012 (2 May 2012)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Traffic case No 463/12

BETWEEN

THE STATE

AND

RAJ KAMAL PRAKASH

SENTENCE

1. You, Raj Kamal Prakash are to be sentenced upon pleading guilty to the charge of driving motor vehicle whilst there was present in the blood a concentration of alcohol in excess of the zero limit contrary to Section 105(1)(a)(2) and 114 of Land Transport Act No 35 of 1998.
   
2. The maximum punishment prescribed for this offence under Section 114 is $ 2000 fine and/or two years imprisonment with mandatory disqualification from 3 months to 2 years.
   
3. On the 1st January 2012 at about 11.50 pm you were stopped by the Police at Queens Road Wairabetia. You were driving vehicle registration number LT 5809. You were heavily smelt of liquor and you were arrested and tested in dragger alcotest 7110 machine at the Station. The reading was 59.4 milligrams of alcohol per 100 millilitres of blood. You admitted the summary of facts and were convicted accordingly.
   
4. In mitigation it was informed that you are 42 years old and earn 120 dollars a week as a taxi driver. You are married with three children who are still schooling. It was informed that you look after your parents and you are the sole breadwinner. It was submitted that you are a person of good character. It was informed that you took your friend to Natabua for him to take his sickly son to the hospital. Your counsel further submitted that you co-operated with the Police and you have shown remorse by pleading guilty. It was also informed that you are a first offender. It was submitted that you may not be disqualified from driving in view of the mitigatory submissions.
   
5. It should be noted that you have committed a serious offence being a taxi driver. However it appears that the alcohol concentration in 100 millilitres of your blood was 59.4 milligrams.
   
6. You are a first offender and pleaded guilty saving the time of this Court.
   
7. It appears that Section 105(3) provides when an accused person has no previous convictions, the Court may discharge him without conviction or substitute any lesser penalty than that prescribed having regard to the circumstances of the case.
   
8. I have considered the lengthy submissions made on mitigation. The Prosecution confirmed that you have no previous convictions. Thus I decide to impose a lessor sentence pursuant to Section 105(3) of the Land Transport Act having regard to the circumstances of this case.
   
9. Accordingly I impose only a fine of 5 penalty units on you. ( $ 500 ) In default 50 days imprisonment.
   

28 days to appeal. 3 months to pay the fine.

Rangajeeva Wimalasena
Resident Magistrate
Lautoka

02.05.2012