State v Chand [2015] FJMC 112; Traffic Case 215.2014 (4 November 2015)

IN THE MAGISTRATES' COURT OF FIJI
AT SUVA

Traffic Case No: 215/2014

STATE

V

EDWARD PRAKASH CHAND

For Prosecution : Sgt.Suli
The Accused : In person
Date of Ruling : 04th of November 2015

RULING

1. The accused is charged with one count of Dangerous Driving contrary to section 98(1) and 114 of the Land Transport Act no 35 of 1998. The Particulars of the offence are "Edward Prakash Chand on the 11th day of March 2011 at Suva in the Central Division, drove motor vehicle registration number BE757 along Ratu Mara Road in a manner which was dangerous to the public having regards all circumstances of the case."
   
2. The accused pleaded not guilty and this proceeded for hearing on 03/11/2015. When the Prosecution witness, the interviewing officer was giving evidence the accused said even though this incident happened in 2011 and he was charged only on 2014.
   
3. When I inquired from the Prosecution they also confirmed that the accused was summoned to appear in the Court only in 2014 and also he was not charged in the police station. There was no explanation for this long delay.
   
4. Therefore I adjourned the hearing and informed both parties that in view of this new revelation I would decide if I am going to proceed further in this matter. The reason was the delay in charging by the Prosecution in this case. The Criminal Procedure Decree has imposed limitation for certain offences where the maximum penalty is 12 months imprisonment or a fine of 10 penalty unit. Section 187 Provides:
   

"187. — (1) This section applies to all offences the maximum punishment for which does not exceed imprisonment for 12 months or a fine of 10 penalty units unless a longer time is allowed by any law for the laying of any charge for an offence under that law.

(2) No offence shall be triable by a Magistrates Court, unless the charge or complaint relating to it is laid within 12 months from the time when the matter of the charge or complaint arose.

(3) The court shall order the dismissal of any proceedings which are in breach of this section."

5. The accused is charged with Dangerous Driving and the maximum penalty is 12 months imprisonment and a fine of $1000.00 for first offence. He is a first offender and therefore this is the penalty that would be applicable for him. Therefore pursuant to section 187(2) he has to be charge within 12 months from the time this complaint arose.
   
6. From the evidence as well as from the particulars of the offence it is clear that this accident happened on 11th March 2011. He was charged only on 29th September 2014, more than 03 years after the incident. As mentioned earlier the Prosecution failed to give me any reason for this delay.
   
7. Section 187(3) states that the Court shall dismiss the proceeding which are breach of this section. And applying this provision I would dismiss this charge and discharge the accused from this case.
   
8. 28 days to appeal.
   

Shageeth Somaratne
Resident Magistrate