R v Oritaemae [2024] SBMC 2; Criminal Case 124 of 2024 (15 March 2024)

IN THE CENTRAL MAGISTRATE COURT
IN THE SOLOMON ISLANDS
In the Criminal Jurisdiction

Criminal Case No: 124 of 2024

BETWEEN:
REGINA

AND:
LEO ORITAEMAE

Before: Michael Fagani
Mrs. Hiroshachi. F for Prosecution
Defendant - Self-Represented

Date of sentencing and mitigation: 12 March 2024
Date of sentence: 15 March 2024

SENTENCE

1. You entered a guilty plea to one count of presence of alcohol in person’s blood and using uninsured motor vehicle. Upon your own guilty plea, I now enter conviction against you. Today you appear before this court for your sentence.
   
2. The summary of facts before me shows that on the 18 November 2023 at 0200hr, you dive a motor vehicle to wit a Silver Toyota Sprinter registration No: T0752 along Mendana Avenue road at the Honiara City Council roundabout. At that time, you are heading easterly direction. Police sight your vehicle and pulled you over to the road side. Upon checking your vehicle, they observed you are drunk and your eyes are sleepy. They then escort you to Kukum police station for further dealings.
   
3. At Kukum police station, a preliminary Breathalyzer test was conducted on you and results shows 0.223% of alcohol presence in your blood. You were then monitored and test again after ten minutes. Results shows 0.203% of alcohol presence in your blood.
   
4. Police also carried further investigation in relation to the vehicle license. They found out that third party insurance of your vehicle was expired. You were then arrested and charged with both offence, one count of presence of alcohol in person’s blood and using uninsured motor vehicle.
   
5. The aggravating factors which can be seen in this case is:
   
   • 5.1 First, you drive under the influence of liquor. Driving under the influence of liquor is risky because there is likelihood that you may ended up in accident.
   • 5.2 Second, the incident occurred at night. The law in our jurisdiction is very clear that offences that are committed at night is serious.
   • 5.3 Finally, you commit multiple offence at one time. From the facts, I note you drink and drive and also you used an uninsured motor vehicle during that night. There are two offence committed at one time and therefore, must contribute to make your case serious.
     
6. For mitigating factors, the court take into account the following mitigating factors on your behalf:
   • 6.1 You entered an early guilty plea at the first available opportunity. I would say it serves court’s time and resources.
   • 6.2 You have no previous conviction.
   • 6.3 You are self-represented.
   • 6.4 You are unemployed.
   • 6.5 Your personal circumstances, I note you are 19 years of age which I believe you are very young, just one year above juvenile age, and the court believe that it is a learning process for you. However, you must put a stop to this kind of learning process. Breaking traffic law is against the law. Nevertheless, the fact that you are young, I believe there is prospect that you can change to a better person in the future.
     
7. In terms of sentencing, as I have stated in many similar cases of this kind that any sentence imposed, the court must make sure that you know breaking traffic law is serious. It must help you to learn that it against the law to drink and drive and also, be able to mend your path in the future. Not only that, but it must also send message to the public that driving under the influence of liquor is very serious and the court will not tolerate such an offence when it comes to sentencing.
   
8. In Regina v Sulega^[1], the defendant pleaded guilty to one count of driving when unfit to drive through drink or drug. Palmer J (now CJ), set guidelines regarding fees to be imposed for guilty plea. It stated:

“As a guideline the minimum fines to be imposed on drunk driving offences should not be less than $200-00. Only for very good reasons should they go below $200-00 and must be stated in the sentence. For second offenders, I would expect a custodial sentence to be imposed unless there are exceptional reasons for not doing so.”^[2]

9. It must note that the guideline set in Sulega’s was after the Police and Transport Legislation (Amendment) (Alcohol Testing) Act 2016 comes into effect. Before, the offence of driving under the influence of liquor is only $400 fine - or 12-months imprisonment. However, in 2016, the maximum penalty was increased from $400 to $10,000. This simple means that the offence seems to be prevalent in our society. Therefore, today the court must make a stand to impose sentence that will deter offenders and also help reduce this kind of offence in our jurisdiction.
   
10. With regards to sentencing submission, prosecution submit for this court to consider a fine sentence. For count 1, it is submitted if a sentence imposed should be range from $1,500 to $2,000 and for count 2, $100 fine. On the other hand, I note the defendant submit and inform the court that you are unemployed and therefore, any sentence impose should be lenient. I consider both submissions and, in my view, I think the appropriate sentence for this case is a fine sentence.
    
11. For count 1, presence of alcohol in person’s blood, I will impose a starting point of $2,000 fine and count 2, using uninsured motor vehicle - $100 fine.
    
12. Since you entered an early guilty plea at the first available opportunity and taking into account your personal circumstance that you are young and unemployed. I will deduct $500 for that. Therefore, your resulting sentence would be:
    
    • 12.1 Count 1 – Presence of alcohol in person’s blood - $1,500 fine
    • 12.2 Count 2 – Using uninsured motor vehicle - $100 fine.
      
13. Having carefully consider your case, I think this sentence is appropriate for your case.
    
14. Before you leave, I must strongly warn you that today you appear before this court because you break the traffic law. Do not take the sentence (fine) lightly but take it as a lesson learnt. You are young, go and engage in something that is beneficial for you. Should you commit any offence again in the future, the court will not easy on you. Having say this, and taking into account the aggravating factors, mitigating factors, circumstances of the offence and weighing the entirety of this matter, I will now make following orders:
    

ORDER

(1) I hereby sentence Mr. Leo Oritaemae to pay a fine of:

• 1.1 Count 1 – Presence of alcohol in person’s blood - $1,500.
• 1.2 Count 2 – Using uninsured motor vehicle - $100.

(2) I further order the sentence to be concurrent. This means the defendant will only pay a fine of $1,500 before 29 March 2024 by 4:30pm. In default, 3 months’ imprisonment.
(3) Subsequent to order 1 & 2, I further order the defendant to be disqualified from driving for a period of 6 months as of today.
(4) Conviction is entered against the defendant.
(5) 14 days right of appeal.
(6) Order accordingly.

Dated this 15^th of March 2024.

THE COURT

......................................................
MICHAEL FAGANI
Magistrate – First Class

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^[1] [1999] SBHC 42; HC-CRC 133 of 1999 (23 April 1999).
^[2] Ibid, n 2.