Police v Paua [2021] PGDC 102; DC6055 (5 July 2021)

DC6055

Papua New Guinea

[In the Criminal Jurisdictions of the District Court Held at Waigani]

SITTING IN ITS TRAFFIC JURISDICTION

WTC NO 170-171 OF 2021

BETWEEN:

THE POLICE
[Informant]

AND:

STEPHEN PAUA
[Defendant]

His worship Paul P Nii

5^th July 2021

TRAFFIC OFFENCE: - Driving without license - s 7(a) – Road Traffic Rules-Licensing of Drivers 2017- Without a PMV License or PMV permit-s7(c)- Road Traffic Rules-Passenger and Goods Transport License 2017

TRAFFIC OFFENCE- Arraignment- Pleaded guilty- Summary of facts administered- 2 Allegations –Trial not necessary, Defendant pleaded guilty on his own- 2 charges sustained-Convicted-Defendant cautioned-court bail converted to fine-

PNG Cases cited:
Police v Seki [2021] PGDC 36; DC5092 (12 May 2021)

Overseas cases cited:
Nil

References

Legislation
Road Traffic Rules-Passenger and Goods Transport License 2017
Road Traffic Rules-Licensing of Drivers 2017

Counsel
Police Prosecutor: Bigam For the Informant
In person For the Defendant

RULING ON SENTENCE

05^th July 2021

INTRODUCTION

NII, P Magistrate: Defendant pleaded guilty to the charges of Driving without license pursuant to Section 7(a) and Without a PMV License or PMV permit pursuant to section 7(c) of the Road Traffic Regulations. Defendant pleaded guilty on both charges after he was arraigned. This provisional plea was sustained by the Defendant when his summary of facts was administered by Prosecution and therefore this is my ruling on sentence.

FACTS

1. The Defendant is identified by police as aged 42 years of Minimb in the Mul, Baiyer Lumusa District of Western Highlands Province. Police allege that on 26^th May 2021, at Taurama road in the National Capital District, PNG, while the Defendant being a driver of a motor vehicle, a Toyota Coaster Bus with registration number BFX 761, drove the said vehicle without having a Driver’s license and also the PMV vehicle had no PMV permit to carry passengers but he accepted passengers on the Taurama-Manuauto Port route. Police subsequently arrested the Defendant and charged him for the two offences which he pleaded guilty to both.
   

ISSUE

2. The issue before me is whether the penalty executed on the Defendant is suitable in the circumstances?
   

RELEVANT LAWS

3. The offending Law subject of allegations are established under Section 40(2(a), Section 7(a) of Road Traffic Rules-Licensing of Drivers 2017and Section 7(b)(c) of the Road Traffic Rules-Passenger and Goods Transport License 2017 in the succeeding terms:
   

Road Traffic Rules-Licensing of Drivers 2017

7 DRIVERS REQUIRE A CURRENT PERMIT OR LICENCE

A person must not–

(a) drive a motor vehicle on a public street unless the driver holds a current learner’s permit, provisional driver’s licence or full driver’s licence for that class of motor vehicle in accordance with this Rule.

Road Traffic Rules-Passenger and Goods Transport License 2017

7 OPERATION OF PUBLIC MOTOR VEHICLES

A person must not–

(a) operate or drive on a public street; or

(b) cause or permit to be operated or driven on a public street, a motor vehicle as a public motor vehicle for hire or reward unless–

(c) a public motor vehicle licence has been issued and is in force in respect of the vehicle

EVIDENCE

4. Defendant has pleaded guilty to the two (2) charges and therefore there is no need to conduct trial, evidence is not required at this stage.

.
STATEMENT ON ALLOCUTUS

Defendant when asked to make his announcement in mention to the charges and the courts penalty under the rules, he prepared the subsequent accounts:

5. Firstly, Defendant says he is a divorced adult with an 11 years old son to look after. Defendant says he lives with his relatives preferably his brother in Port Moresby. He elaborated that he is not employed and also he has no formal income and depended very much on his family for his survival in the city. Secondly, Defendant says he is a first time offender and has asked the court for leniency when considering its decision on sentence. Defendant also apologized to the court for his actions in coming into conflict with the Law and maintained he would never repeat the same mistakes again in the near future.

.
RULINGS

6. I will consider the aggravating and mitigating factors in the current case to ensure a just and fair ruling is administered in the circumstance. The Defendant has secured court’s time by pleading guilty at the earliest than what could have been a lengthy trial if plea was denied and parties opted for trial. The Defendant also being honest to the court and apologized for his actions. After considering all this, I will adapt the principle in Police v Seki [2021] PGDC 36; DC5092 (12 May 2021), in the current case as I quote:
   

“I am also satisfied that the Defendant is a first time offender or someone that does not come into conflict with the laws in his life. He also has a big family and has saved court’s time by taking the early plea than going to trial. Moreover, Defendant was being honest about his actions which was the subject of this proceeding. Honesty is not just about expressing the verity but there is more to it. It's about being genuine with oneself and people around you or others about who really you are, it a true definition of oneself and not many people turn up to this reality but one few does and hence the Defendant. It refines people’s opinions and permits them to detect things around them with precision.” (end of quote)

7. I am satisfied that mitigating factors in the current case has out weight the aggravating factors because the Defendant is a first time offender or someone who does not have any previous conviction records and of his honesty about the allegations against him. For all these reasons, I will consider a non-custodial sentence where penalty of court fine would be the fitting remedy in the current context.
   

CONCLUSSION

8. Defendant is guilty on his own plea of guilty and hence I will adapt same here.
   

ORDERS

9. I make the ensuing orders:
   
   1. Defendant is guilty on the charges of Driving without being licensed contravening Section 7(a) of the Road Traffic Rules-Licensing of Drivers 2017, and without a PMV permit contravening Section 7 (b) and (c) of the Road Traffic Rules-Passenger and Goods Transport License 2017.
      
   2. Defendant is convicted, cautioned and fined. No new penalties will be imposed on the Defendant.
      
   100. Defendant’s bail of K500 will be converted to court fine for both charges.
        
   4. Defendant is discharged
      

In person For the defendant
Police Prosecutor For the State