State v Mcgoon [2014] FJMC 147; Traffic Case 158.2014 (14 October 2014)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Traffic Case No: 158/2014

State

v.

Iliesa Vuadomo Mcgoon

Prosecution: PC Kumar, Police Prosecutor.
Accused: Present

SENTENCE

1. Iliesa Mcgoon you are now being sentenced for the following charges:
   

Failure to undergo breath analysis on the direction of a police officer: Contrary to Section 103 (1) (b) and 114 of the Land Transport Act No:35 of 1998.

Particulars of offence (b)

Iliesa Vuadomo Navatu McGoon, on the 17th day of June, 2014 at Nabua in the Central Division, upon being required by a police officer namely Cpl 3472 Seniloli to submit sample to breath analysis failed to undergo to the analysis in accordance with the direction of Cpl 3472 Seniloli.

2. You waived right to legal counsel and pleaded guilty on your own free will to the charges. The police could not locate the file for the facts to be put to you after your guilty plea. They relied upon the charge (facts as per the charge). The charge was then explained and put as the facts to you. You on your own free will admitted the facts. You then mitigation which this Court has considered.

3. The maximum sentence prescribed for the charge is as follows:

(a) For 103(1) (b) failure or refusal to undergo breath analysis, same penalties as under section 103(1)(a) - for a first offender is $2000/2 years and mandatory disqualification from 3 months to 2 year.

4. Iliesa Mcgoon, having considered the relevant factors in your case, your guilty plea and mitigation. That you are a first offender. The appropriate sentence is:

Fine $200/id 20 days and disqualification from driving for 3 months.

The message is clear to you and like-minded offenders are that you will be disqualified from driving for drink driving offences. The law provides for mandatory disqualification. You are a public service vehicle driver. You are covered by zero alcohol limit. Our roads need to be made safer from drunk drivers and the members of the community who drive must adhere to road rules and laws to make our roads safer.

9. Any party that is not satisfied with the sentence of this Court has the right to Appeal to the High Court within 28 days from the date of this Sentence. This Court will review the payment of the fine on 11th November 2014 until which your bail is extended.

Chaitanya Lakshman
Resident Magistrate
14th October 2014