Public Prosecutor v Alang [1997] VUSC 27; Criminal Case No 030 of 1997 (19 August 1997)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT PORT VILA

Criminal Jurisdiction

CRIMINAL CASE No. 30 OF 1997

PER">PUBLIC PROSECUTOR

-v-

KENY ALANG

C Mr Justice Oice Oliver A. k

Counsel: Ms Kayleen Tavoa for the Public Pros Prosecutor
Ms Susan B. Barlow for the Defendant

ALIGN="CENTER">SENTENCE

This is a case in w in which the Defendant pleaded guilty to the charge of reckless driving causing death. The charge was brought under Section 12 of the Road Traffic (Control) Act Cap 29.

The Defendant being the driver of the vehicle involved in the accident was the only survivor. His two passengers who were both females died in the accident. Only the Defendant could tell of the happenings prior to and leading to and after the accident . The Court accepts his story as honest.

The Defendant got involved in wrong company. He allowed himself to be manipulated by two young women who had consumed beer and were in high spirits. But the fact is that he was in control of the vehicle for which he had no local licence to drive and his doing so caused the death of two young women.

The penalty for the charge of reckless driving causing death as provided for under Section 12 of the Road Traffic (Control) Act is a fine not exceeding VT500,000 or imprisonment to a term not exceeding 5 years or to both.

In considering sentence I take into account of the Defendant’s honesty in telling of the incidents leading up to the accident. I take into account his contributions to families of the deceased persons which amounted to approximately VT600,000.

I take into account the fact that he is married with a wife and a young child far away in Malaysia. And that he has waited patiently for the matter to be dealt with in Court. He has been given a good standing by the Council of Chiefs on Erromango. And he has truly regretted what he had done,.

For the above reasons I consider that I should be lenient on the Defendant and that a fine only should be necessary.

The Defendant is therefore ordered to pay a fine of VT250,000 and VT8,000 in prosecution costs. These must be paid within 14 days from today’s date.

DATED AT PORT-VILA this 19th day of AUGUST, 1997

BY THE COURT

OLIVER A. SAKSAK
JUDGE