Regina v Beli [2015] SBMC 4; Criminal Case 466.2015 (3 June 2015)

IN THE CENTRAL MAGISTRATES COURT
OF SOLOMON ISLANDS AT HONIARA
(Criminal Jurisdiction)

Criminal Case No. 466 of 2015

REGINA

V

MICHAEL BELI

Coram: AULANGA (Magistrate of the First Class)
Prosecution: Mr. Teula of Police Prosecutions
Defence: Accused in person
Plea date: June 2, 2015
Sentence delivered: June 3, 2015

SENTENCE

1. You pleaded guilty to one count of driving when under influence of liquor contrary to section 43 (1) of the Road Transport Act. For a first time offender, the maximum penalty is a fine $10,000 or 12 months imprisonment.[1]
   
2. The summary of facts tendered by police showed that on the 8th of April 2015 at about 2:30am, you drive a white double cabin hilux along the Tandai highway, West Honiara, heading down the western direction. At that time you drove that vehicle, you turned off its lights and drove in total darkness. When police caught up with you, you were observed to be under the influence of alcohol. After an intimation from the Court, you further clarified by the assistance of your father that you had been drinking some hours earlier outside of Honiara and whilst you still under the influence of liquor you drove that vehicle.
   
3. The aggravating features in this case I found are; you deliberately decided to drive that vehicle despite you knew you consumed alcohol. Second, you turned off the lights of that vehicle whilst you were driving it down the main Tandai Road. It is not only a bad piece of driving but it was a selfish piece of driving having total disregard to other road users and the public and moreover, it puts the road users and public at high risk.
   
4. There are now many vehicles in and out of Honiara town. Therefore, there is also a corresponding duty and responsibility to ensure public safely is guaranteed through discouraging the habit of driving when under the influence of alcohol. This Court has the responsibility through its deterrent message to ensure that the public at large is safe from those who flouted the traffic laws by driving when under the influence of alcohol. This is not a new message but it has been echoed few decades ago in Cheffers v R[2] where Ward CJ, stated:
   

"Driving whilst under the influence of alcohol is extremely serious offence. Anyone who drives in such a state has deliberately done a course of action that puts his own and far more seriously, other people's lives at risk. However carefully he may attempt to drive, his reactions if confronted with an emergency will not be effective as when he has taken no alcohol."[3]

5. Not only was your action put the other road users and public at large at risk, but your decision to drive whilst turning off the lights and moreover, when you were drunk exposes you to risks of road accident. This places your culpability in the middle category of this type of offending.
   
6. The simple message for you is to simply avoid driving if you are drunk with alcohol. I want you to take home this simple message and use it as your future reference. You will be an asset for Solomon Islands if you share this message to your friends and families who are licensed to drive motor vehicles and cycles.
   
7. Besides, the above I found the following mitigating and personal features in your favour. They are; you pleaded guilty to the offence. This saves the Court's time and resources and also it demonstrated that you are not only respecting the law but also shows you are an honest person. This also shows that you have admitted your own wrongs and also reflected your remorse. You are a first time offender with no prior conviction. You are a family man with 2 children. You have very supportive parents who will help you with your young family. You are unemployed and also struggled daily to make ends meet. You cooperated well with the police during police investigations. This Court needs to take into consideration the circumstance of your case.
   
8. After carefully taking into account all these factors and balancing them with the aggravating and mitigating features of your case, the appropriate sentence is only a fine and not custodial sentence. Court therefore imposes a fine of $2000 on you to be paid by 4:30pm within 14 days which will lapse on 17/06/2015, in default, 3 month imprisonment.
   
9. I noted under section 29 (1) of the Road Transport Act a Magistrate is obliged to disqualify the accused for a period not less than 12 months as the Court thinks fit unless there are special reasons warranting him not to be disqualified. I order that he is accordingly disqualified from driving for 12 months effective as of today. I order that his driving license is retained forthwith by the Court and with a notice of this Order be forwarded to the Motor Vehicle Licence section within the Inland Revenue Department under the Ministry of Finance and Treasury for safe keeping of the license until the disqualification period has ended.
   
10. Accused has a right to appeal his sentence within 14 days as of today pursuant to section 285 (1) of the Criminal Procedure Code.
    

ORDERS OF THE COURT

(a) Impose fine of $2000 to be paid by 4:30pm on 17/06/2015. In default, 3 month imprisonment;

(b) He is disqualified for 12 months effective as to this date from driving motor vehicle;

(c) His driver's license is retained forthwith, to be forwarded to the Motor Vehicle Licence section within the Inland Revenue Department under the Ministry of Finance and Treasury for safe keeping until the disqualification period has ended.

THE COURT

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^[1]Penalties Miscellaneous Act 2009 as read with section 43 (1) (b) of the Road Transport Act
^[2]Unrep. Criminal Case No.11 of 1989
^[3] At page 3