Waingal v Kare [2008] PGDC 18; DC654 (9 May 2008)

DC654

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS CRIMINAL JURISDICTION]

DCCr 133 - 138 of 2008

BETWEEN

MARTIN WAINGAL
Informant

AND

PETER AVORECHE KARE
Defendant

Goroka: F MANUE
2008: April 25, May 09

CRIMINAL- Particular offence –Motor Traffic offences – Driving under the influence of liquor – Negligently, unlicensed – An unregistered motor vehicle – An uninsured motor vehicle – without current safety sticker.

Cases Cited
Nil

References
Sections 18 (1), 17 (1), 21 (1), 22(1) of the Motor Traffic Act
Section 15 B (a) and (1) of the Motor Traffic Regulation Act
Section 59 (1) of the Motor Vehicles (Third Party Insurance) Act
Section 201 of the District Court Act

Counsel
Senior Constable Asi, For The Prosecutions
In Person, Defendant

09 May 2008

REASONS FOR DECISION

F Manue: The defendant Peter Avoreche Kare has appeared in Court on 25 April 2008 on six (6) counts of Motor Traffic related offences.

2. You have pleaded guilty on all the charges and you have made your final statement before sentence. I have reserved my decision to today, given the sensitiveness of the case, as the facts show that a National Court Judge – Derek Hartshon, AJ became a victim to your manner of driving.

3. Facts as Admitted

The facts in which the prosecution relied on and in which you have admitted to be true are as follows.

4. It was on a Thursday the 17 April 2008 at about 6:00 am when you were driving a motor vehicle, an Isuzu double cabin bearing the registration number as LAK 191 on Edward Street which is a public road. This particular street also forms part of the Okuk Highway and caters for the Okuk Highway traffic as well. Prior to the offences being committed, you had been at the Okapa Lodge at Faniufa drinking beer on the previous night.

5. At a point before reaching the junction of Leigh Vial street, and close to the junction you overtook a slow moving vehicle in front of you. The vehicle, a Toyota Hilux, registration number HAJ 463 – was escorting the judge who was probably having his morning exercise.

6. When you over took it, on the left you knocked down the judge, who received some injuries. You had no right to overtake on the left as you were suppose to have overtaken on the right.

7. After that accident, you failed to stop and report the accident to the Police. Instead you drove to Kay workshop at North Goroka. When the matter was reported to police, they followed up on the report and questioned you.

8. Police observed that your eyes were red and watery, your speech was slurred, your breath had great smell of liquor. You did not even recall the accident.

9. You only admitted to the police of your driving under the influence of liquor and negligently.

10. When the police further questioned you, the informant discovered that, you were driving unlicenced. The vehicle you drove, had no registration, insurance, and had no current safety sticker.

11. On all these facts, you have not only pleaded guilty but had admitted all the facts covering the six (6) counts.

12. In your final say before sentence you have stated that you are self employed in that you have set up a consultant company three (3) months ago. You are married to two (2) wives and have six (6) children, of which three are in school and the other three (3) are still infants.

13. You stated that you are 42 years and in your 20 years of driving you have not encountered any serious incidents.

14. You were sorry of what you did and showed remorse towards the judge and the injuries he sustained and that you had no intention of knocking him down.

15. The offences in which you have committed are minor offences, in the sense that they attract only court fines ranging from K10.00 to K500.00 and in default a term of imprisonment following the scale as stipulated under Section 201 of the District Court Act.

16. Mitigating Factors

In your final address to the court you have raised several issues which the court should taken into consideration.

17. I have considered them. I am however mindful of the following factors which are aggravating.

18. Aggravating Factors

Firstly, although the offences may be seen to be minor in nature for the fact that they only attract court fines, they can be serious especially when lives and properties are involved.

19. You were negligent in your driving, when you overtook on the wrong side of the road. Had you been normal you would not have overtaken on the left. You were also influenced by liquor to have driven on the left. From my local knowledge, that portion of the road is very wide and there is a lot of space on the left, but that did no or does not necessarily mean that you have a right of overtaking on the left. Our laws allow to overtake on the right. This is simply because, the left and the right road sides are either for pedestrians or for other vehicles to stop when the need requires them to do that.

20. You were also negligent in that you overtook at a junction of another busy road - the Leigh Vial Street which is a very risky and dangerous practice.

21. Furthermore, most of the offences or if not all of the offences which you committed are prevalent.

22. They are becoming very common, as every day the District Courts register and hear them.

23. And in my view the sentence must have some deterrence effect, both on you and any others particularly motor vehicle drivers.

24. The other factor which has been repeatedly conveyed to others appearing in this Court is that the Okuk Highway is a very busy road compared to other roads in the country. It serves two thirds of the countries population and two thirds of the Momase Region. It also serves other regions indirectly by its use to the sea ports and to other regions.

25. With the current major projects in the country located in this region, it makes it the more busier in terms of its use. And so drivers must be alert at their peak at all times when using the Highway. Edward Street forms part of the Okuk Highway.

26. People who use the Highway without due regard to other users, pedestrians and properties, must be severally penalised. This may be reflected by either heavy court fines or even jail terms if the facts and circumstances warrant imprisonment.

27. The type of sentence which I will imposed would not be because a Justice of the National Court is a victim.

28. I am entitled to do that, if there was evidence that you had an intention to injure the judge.

29. I would be entitled to do that to protect a person occupying a Constitutional office as a Judge.

30. They must be respected where it is due and protected not only as high office holders but as any other citizens of the country.

31. For these reasons I propose to impose very heavy court fines on you.

32. Penalties and Court Orders

1. For Driving Negligently which carries a maximum of K500.00 fine or imprisonment or both – this Court convicts you and fines you K200.00, in default three (3) months in hard labour.
2. For Driving under the influence of liquor which carries a maximum fine of K300.00 or imprisonment up to 12 months or both – this Court convicts you and fines you K300.00, in default four (4) months in hard labour.
3. For Driving without a licence, which carries a maximum fine of K500.00 – this Court convicts you and imposes a K300.00 fine in default be imprisoned for four (4) months in hard labour.
4. For Driving an unregistered motor vehicle which carries a maximum of K500.00 – this Court convicts you and imposes a K400.00 Court fine in default six (6) months in hard labour.
5. For Driving a motor vehicle without a current safety sicker which carries a maximum of K100.00 fine – this Court convicts you and imposes on you K60.00 court fine in default be imprisoned for 2 weeks in hard labour.
6. For Driving an uninsured motor vehicle which carries a maximum of K500.00 fines – this Court convicts you and imposes a K400.00 court fine in default be imprisoned for six (6) months in hard labour.
7. Fines are to be paid forthwith, and that count (2) is to run cumulatively with count six (6), which means that you would have to serve a cumulative of ten (10) months if you fail to pay the Court fines.
8. Bail of K600.00 is refundable.
   

33. Orders accordingly.

For the State - Senior Constable Asi of Goroka Police Station
For the Defendant - In Person