Republic v Timeon - Sentence [2004] KIHC 219; Criminal Case 53 of 2004 (31 August 2004)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case No. 53 of 2004

THE REPUBLIC

vs

BORAING TIMEON

For the Republic: Ms Eveata Maata
For the Accused: Mr Aomoro Amten

Date of Hearing: 27 August 2004

SENTENCE

Boraing Timeon: you have pleaded guilty to careless driving and to driving unlicensed. The facts are in the reasons I have just published for finding that you had no case to answer on two other counts of driving under the influence and speeding.

You are 25 years old and have trained as a mechanic. You are now taking courses at USP in marine engineering. You have family responsibility for your five younger brothers and sisters.

Your carelessness lay in your not seeing two young men lying on the roadway at night, running over them without realizing what you had run over. The young men were both so severely injured that they died. Had you been keeping a proper look-out you would have seen them. That is why motor vehicles have headlights: so that the driver can see what is on the road ahead.

Your failure to have a driving licence is very serious because, from what Mr Amten has told me, you have been driving without one for up to three years and driving not only cars but trucks. The penalty for driving without a licence is a fine of up to $500 or imprisonment for up to one year or both.

These are your first offences and you have pleaded guilty to them. You therefore will be punished less severely than otherwise you would have been.

For careless driving you will be fined $100: I had wondered whether you should be imprisoned for driving without a licence but have decided that a fine of $150 will be a sufficient penalty.

That makes the total of our fines $250. Parliament has passed a law which means that you must not hold or obtain a driving licence at least for the next five years. You are disqualified from holding or obtaining a driving licence for five years from today. If you do drive a motor vehicle in the next five years you will almost certainly go to gaol.

Dated the 31st day of August 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice