DPP v Dutt [2013] FJMC 337; Traffic Case 6758.2011 (9 July 2013)

IN THE MAGISTRATE'S COURT OF NASINU

Traffic Case No. 6758/2011

DPP

-v-

SUMAN DUTT

State Counsel Mr. Josaia Niudamu for the Prosecution
Accused appeared in person

Sentence

1] The accused is charged with following traffic offences;

CHARGE:

Statement of Offence [a]

CARELESS DRIVING: Contrary to Section 99 (1) and 114 of Land Transport Authority Act 35 of 1998.

Particulars of Offence [b]

SUMAN DATT on the 5th day of June 2011 at Nasinu in the Central Division drove a motor vehicle along Daniva Road, Valelevu without due care and attention.

2] The accused is convicted on 26th June 2013 after full trial for above charge.

3] Whilst the accused was reversing the accused bumped complainant vehicle without due care and attention.

4] In his mitigation, the accused said he is 40 years, married with 3 children. He is a police officer, based at Nabua police station. He earns $500 fortnight. He has not shown remorse. He said in his mitigation, it was not his fault, the victim should have honked. But the victim was also reversing at that time and the accused should have looked back before reversing. As a prudent driver, while you go front, you should pay attention to front. While you drive back (reverse), you should pay attention to reverse. Therefore, it was not PW1's fault.

5] The aggravating factor is being a police officer; you had done this in the police compound.

6] 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

7] You are sentenced to $250 fine in default you serve 25 days in prison.

8] 28 days to appeal.

On 09th July 2013, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate