Kavanamur v Michael [2010] PGDC 23; DC967 (18 June 2010)

DC967

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

Dcc 75-78 of 2010

BETWEEN:

ELIAS KAVANAMUR
Informant

AND:

TEMBON MICHAEL
Defendant

LIHIR: B. TASIKUL SM
2010: June 18

Criminal Law: Driving of an unregistered, uninsured, and unroad worthy motor vehicle-Defendant explanation not a defense-Act provide for application to made before moving of unregistered vehicle from one location to workshop-Second time for same offence on same vehicle.

Cases Cited: nil

References: Motor Traffic Act s.11, Motor Traffic Regulation s.26

Counsel: S/C Tananga appearing for the Prosecution
Defendant appearing in Person

DECISION ON SENTENCE

1. On the 18th of June the defendant pleaded guilty on four charge of (1) driving an unregistered motor vehicle, (2) driving an uninsured motor vehicle, (3) failing to display a current road worthy sticker and (4) driving smooth tyres.
   
2. The charges were laid under ss.27 (1), 25B (10), 122(1) (f) of the Motor Traffic Act respectively. While the unregistered vehicle was laid under s.59 (1) of the Motor Vehicle (Third Party Insurance) Act.
   
3. In your defense you admitted saying that you were driving the vehicle to the workshop for maintenance before you can have it registered and insured. I will not accept this as a defense in law, basically because it is a requirement under the Motor Traffic Act to have all vehicles to be registered, insured and are roadworthy before being used on any public road.
   
4. As I have mentioned earlier to you that if any person who wish to move a unregistered, or uninsured vehicle from one location to a workshop, he is allowed by law to applied for a permit under s.11 of the Act.
   
5. This is clearly specified under s.26 of the Motor Traffic Regulation which says: (3) A permit under s.11 of the Act does not authorize the driving of the vehicle the subject of the permit within a town except for the purpose of-
   
   • (a) Removed to a workshop for repair; or
     
   • (b) Return from a workshop where repairs were carried out; or
     
   • (c) Delivery on acquisition or on sale or disposal
     
6. You have failed to get a permit as required by law to allow you to move your vehicle to the workshop for repair. You cannot just without obtaining a permit, drive an unregistered or un road worthy vehicle to a workshop. The moment you drive un registered vehicle without a permit is a breach of the Motor Traffic Act.
   
7. The prosecution also submitted that you appeared before this same Court on the 26th April 2010 with similar charges for the same offences and the same vehicle. You were fined a total of K1100.00 for all three charges.
   
8. You admitted to these previous charges. You have not even made any attempt to get you vehicle fix and registered within this period of time. You continued to drive this unregistered and inroad worthy vehicle.
   
9. To me, it is a disrespectful of the laws of the country. I have considered giving a custodial sentence; however, I do not think it would be appropriate as you have a family and a job. If I imposed a custodial sentence you will not only suffered but your family will also suffer as you are their bread winner.
   
10. Taking all this into account I find you K600.00 in default six months imprisonment for unregistered vehile, K600.00 in default six months imprisonment for uninsured vehicle, K200.00 in default one month for no safety sticker and K200.00 in default one month for smooth tyres. All this sentence will be serve cumulatively to each other.
    
11. I will give you 14 days to pay this fine and I will order that your bail be refunded.