Public Prosecutor v Obed [2003] VUSC 90; Criminal Case 019 of 2003 (22 October 2003)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CRIMINAL CASE No. 19 of 2003

PUBLIC PROSECUTOR

-v-

JACK OBED

Coram: Chief Justice Vincent Lunabek

Counsels: Lent Tevi for the Public Prosecutor
Hillary Toa for the Defendant

SENTENCE

This is the sentence of the defendant, Jack Obed. The defendant pleaded not guilty to the offence of Unintentional Harm Causing Death contrary to Section 108(c) of the Penal Code Act [CAP. 135]. The Court convicted him on the basis of negligence: the defendant was driving at a speed greater than 20km/h but not at a grossly excessive speed. That is the reason why he caused an accident resulting in the death of the little Boy: George Bule on 7 February 2003 at about 11.45AM.

I have read the many character references put before me. They speak highly of his honesty, integrity and consideration of others. You are a Presbyterian elder. You have done a lot for your community. You have a long history of good driving and no other convictions.

The maximum sentence under Section 108(c) of the Penal Code is 5 years. The following cases were referred to this Court.

PP v. Sue Bedfor – Criminal Case No. 2 of 2002

PP v. Joel Kaltang – Criminal Case No. 34 of 2001

PP v. George Alex – Criminal Case No.

The circumstances of this case are similar to Joel Kaltang. However in the case of Kaltang, the defendant drove a public transport and consumed alcohol which is not the case of the present defendant.

The defendant is remorseful. He performed custom ceremony to clear his face and his family with the parents and relatives of the deceased little boy.

The Court takes into account of all of that.

The sentence for this type of offence is 12 months imprisonment.

I consider the suspension. The circumstances of this case warrant a suspension.

The defendant is sentenced to 12 months imprisonment suspended for 2 years.

Dated at Port-Vila this 22^nd day of October 2003

BY THE COURT

Vincent LUNABEK
Chief Justice