Woodward v Reginam [1977] FJSC 15; Criminal Appeal 100 of 1976 (25 March 1977)

Fiji Islands - Woodward v Reginam - Pacific Law Materials

IN THE SUPREME COURT OF FIJI

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 100 OF 1976

BETWEEN:

:

DAVID WOODWARD
Appellant

AND:

REGINAM
Respondent

JUT

The aThe appellant was convicted by the Magistrate's Court Nausori on the 5th November 1976 of Careless Driving and fined $30. He appeals against conviction and sentence.

At the hearing on the 18th February 1977 the appellant appeared in person. The appeal was dismissed and the appellant was advised that the Court would give written reasons for the dismissal of his appeal.

Although the appellant raised four grounds of appeal they referred in the main to findings of fact by the trial Magistrate, and to his failure to consider all the evidence before him.

The appellant's vehicle was involved in an accident with a taxi on a bend at Nailega at 6.30 pm on 22nd February 1976. The trial Magistrate accepted the evidence of the taxi driver who testified that he was on his correct side of the road when going around the bend and was involved in an accident with the appellant's vehicle which came around the bend from the opposite direction. The trial Magistrate found as a fact that the appellant was not on his correct side of the road and this was the cause of the accident.

The sketch plan of the scene of the accident indicated a pile of broken glass from the taxi on the taxi driver's side of the road 6ft. 8ins. from the left of the road and 19ft. from the right hand side which lent support to the taxi driver's version of the accident and was considered by the Magistrate.

The trial Magistrate fully considered the evidence and the testimony of the witnesses which he accepted as true established the offence of Careless Driving. The appeal against conviction fails.

As to sentence the appellant did not address the Court on this aspect. The fine was not in my view excessive.

I confirm the dismissal of the appeal.

R.G. Kermode
JUDGE

Suva,
25th March, 1977