R v Olia [2020] SBMC 31; Criminal Case 748 of 2020 (10 August 2020)

IN THE CENTRAL MAGISTRATE’S COURT

IN THE SOLOMON ISLANDS

Criminal Case No: 748 of 2020

In the Criminal Jurisdiction

BETWEEN: REGINA

V

AND: STEPHEN OLIA

For Prosecutions: Ms Florence Hiroshachi

For Defence: Accused self-represented

Date of sentencing and mitigation submissions: 6^th of August 2020

Date of sentence: 10^th of August 2020

SENTENCE

1. Mr Stephen Olia, you pleaded guilty to the count of vehicle to be licensed, contrary to section 7 (1) of the road Transport Act, motor vehicle to be insured, contrary to section 8 (1) of the Motor Vehicle Third Party Insurance Act, and driver’s to be licensed, contrary to section 20 (1) of the Road Transport Act.
2. Since you agreed to the facts tendered, and having heard your side of the story, I then entered conviction on your part.
3. The facts of this case premises on the events that took place on the 23^rd of July 2020. On that day, one PC Kola sighted a vehicle in front of the Alvaro Building in Point Cruz. When this vehicle was pulled over, it was found that the vehicle license pasted on the windscreen, had already expired on the 31^st of January 2020. The driver of the vehicle was later identified as Stephen Olia, whom in this case, is yourself. Upon further enquiries, it was found that the vehicle third party insurance had also expired way back on the 27^th of January 2019. In light of your driving license, it was found that it had expired on the 21^st of June 2020.
4. The maximum penalty for each of these offences are as follows:
   1. Vehicle to be licensed: 5000 penalty units^[1] or six months imprisonment or both^[2];
   2. Uninsured motor vehicle: 150 penalty units or four months imprisonment^[3]; and
   100. Driver’s to be licensed: 5000 penalty units^[4] or six months imprisonment or both^[5].
5. It can only be correct for me to concur with his Lordship, Sir Albert Palmer, CJ, with the words he uttered at paragraph 19 of the case of Regina v Kemakeza, that is,

“The level of the seriousness of offences is reflected on a prima facie basis by what the law imposes as the maximum penalty imposed. The more serious an offence, the greater the maximum penalty imposed^[6]”.

6. According to your side of the story, your vehicle had been in demise for quite some time. This was why you did not renew both the third party insurance and the vehicle license. On the day in question, you were advised by the mechanic who had been working on the vehicle to go and enquire about the inspection fee, at the Ministry of Works and Infrastructure. Hence, when you got there, you were told that the inspection fee would cost more than a hundred dollars. Since you only had a $100 note in your pocket, you decided to pick a few passengers in order to reach the amount for inspection. It was on your way up the easterly bound lane, to drop of someone you have picked in front of one of the shops in Point Cruz, that you were arrested.
7. According to the facts, you were apprehended around 16:00 or 4:00pm. I do not understand why you did not apply for a permit at the first place, and why you think it would be okay for you to pick up a few passengers on a vehicle that does not have a valid license. I do not see the sense of urgency as to why you should quickly get the amount you were short of, instead of seeking assistance from someone in your extended family, as was our Melanesian custom. I say this, because even if you were to get the amount needed, you would not be able to go back and pay for the inspection fee since the payment counter would have already closed for the day.
8. The situation you were faced with could not have reached this extent, had you done the right thing, which should also reflect the fully grown adult you are.
9. The prevalence of these offences needs to be addressed stringently, and in order to achieve this, their needs to be consistency and effectiveness in how the laws in breach are enforced. It would be of no use if messages of deterrence are sent out by the courts, when the law enforcing agencies are not owning up to what is expected of them. The fact that people are continuously breaking the laws at breach, should be an indicator as to who is not doing his or her job.
10. I hope you realise what you have gotten yourself into, and the need to sit back and acknowledge the honesty taken by the men and women, whom despite being faced with financial constraints as yourself, have ensured that the requirements under the Third party Insurance Act and the Road Transport Act are complied with. In terms of sentence, I will ensure that whatever sentence I impose, should be proportionate to the offence committed and the circumstances involved.
11. The fact that these offending’s are prevalent can only mean that the court has already dealt with a good number of cases such as this. This would mean that sentences have already been imposed, however, I acknowledge that this case should not be influenced by the punishment given in a previous case. This is based on the notion, that each case must be assessed and concluded on its own merits and circumstances. However, the court is still required to re-visit what has been handed down in other similar cases in order to minimize objectionable disparity.
12. Hence to ensure that an appropriate sentence is reached, I will ensure that due consideration is paid towards the need for sending out a message of deterrence, in the general sense, prevention, rehabilitation and retribution. With this, I am of the view that the most appropriate sentence I should impose, after considering the aggravating factors and mitigating factors involved, is a sentence of fine.
13. Thus, having done the basic calculations reflecting the tariffs and starting points for each offence and the deductions and additions pertaining to the mitigating and aggravating factors, I now order as follows:

ORDERS

(i) Count 1- vehicles to be licensed, a fine of $1000 due by the 25^th of September 2020. In default, 3 months’ imprisonment.
(ii) Count 2- using uninsured motor vehicle, a fine of $150 due by the 25th of September 2020, in default, 10 days imprisonment;
(iii) Count 3- driver’s to be licensed, a fine of $1000 due by the 25^th of September 2020. In default 3 month’s imprisonment.
(iv) A total fine of $2150, due by the 25^th of September 2020, and total in default six months, 10 days imprisonment.
(v) Right of appeal applies.

Dated this 10^th day of August 2020.

_____________

THE COURT

Emily Z Vagibule- Magistrate

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^[1] Penalties and Miscellaneous Amendment Act 2009
^[2] Section 7 (1) of the Road Transport Act
^[3] Section 8(1) of the Motor Vehicle Third Party Insurance Act
^[4] Above n 1
^[5] Section 20 (1) of the Road Transport Act

^[6] [2008] SBHC 41; HCSI-CRC 467 of 2007 (3 September 2008)