IN THE MAGISTRATE'S COURT
OF NASINU

TRAFFIC CASE NO.3758/2009

STATE

VS

PARMESH NARAYAN REDDY

Police Sergeant Volavola for the State 
Accused Present appeared in person

Sentence

[1] The accused is charged with the offence of DANGEROUS DRIVING OCCASIONING DEATH. The charge read as follows;

CHARGE:

Statement of Offence [a]

First Count

[2] DANGEROUS DRIVING OCCASIONING DEATH: Contrary to Section 97 (2) and 114 of the Land Transport Act 35 of 1998

Particulars of Offence [b]

[3] PARMESH NARAYAN REDDY on the 29th day of November, 2006 at Nasinu in the Central Division drove a motor vehicle along Cunningham Road, in a manner which was dangerous to the public having regards to all the circumstances of the case thereby caused the death of VILIAME COLATI.

[4] This case was heard on 09 August 2011 and case was fixed for judgement delivered on 04th November 2011 and he was acquitted from above offence but convicted for lesser charge that is CARELESS DRIVING. 
Summary of facts

[5] The deceased is 7 years old kids and PW1 Ryan Grey-Pastor said they were playing on the road. Suddenly the child came to the road and the accused could not stop the vehicle and knocked down the child. "I was coming up, he was coming down, and I can see exactly the accident. We were 50-75 metres from each other; there were three children on my right hand side, his left hand side, playing on the road, he was chased by other, the truck was very close, but boy did not see it, he was coming down, lorry was behind him. The boy went straight into the road the boy did not know there was a truck behind him; I can't recall that he was carrying a ball. The truck hit the boy, the boy went front, and then truck went over him ...It was 3 to 5 metres when boy came into the rod...The truck came normal speed". Child died after 3 days.

[6] Careless Driving is defined by s 99 (1) of the Land Transport Act as driving "on a public street without due care and attention".

[7] Prescribe penalty for this offence as Land transport Act as follows;

"99. - (1) A person who drives a motor vehicle on a public street without due care and attention commits an offence and is liable on conviction to the prescribed penalty"

Section 114 schedule shows prescribed penalty

"99(1)	
Careless driving 	
$500/3 months and 3 demerit"
points	

[8] In mitigation the accused said that27 years old, married with two kids. He is a driver who earns $150 per week. He is the sole bread winner of the family. He is also supporting is elderly parents. He asked court's leniency and forgiveness.

[9]The accused should see there were children playing and he should pay attention and take due care for it. He failed to do so; therefore he is guilty of Careless Driving.

[10] This is an unfortunate incident and little child died of this accident. I ordered the accused to pay $500 as compensation to the deceased's mother-Olita Turaganivalu, in default 50 days in imprisonment. The accused is given six months to pay it. In addition, I put 3 demerit points to the Accused's Driving Licence.

[11] 28 days to appeal.

On 01st February 2012, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate- Nasinu