Public Prosecutor v Bob [2007] VUSC 13; Criminal Case 78 of 2005 (13 April 2007)

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

CRIMINAL CASE No.78 of 2005

PUBLIC PROSECUTOR

-v-

TAFAN BOB

Mr Lent Tevi for the Public Prosecutor
Messrs Peter Bartels and Henzler Vira for the Defendant

SENTENCE

This is the sentence of the Defendant, Tafan Willie Bob. He lives at Imaen village, Tanna. He is charged with the offence of Unintentional Harm Causing Death, contrary to Section 108(c) of the Penal Code Act [CAP.135].

On 10 April 2007, he pleaded guilty to the offence as charged. Unintentional Harm Causing Death is a serious offence. The law recognizes its seriousness by imposing a maximum penalty of 5 years.

The brief facts show the following:-

On 11 March 2005, the Defendant and some other work colleagues of his were loading a truck with iron roof at the Lenakel Wharf. During the loading of the roof onto the truck, the deceased came to help them load the truck. After some pieces had been loaded, the Defendant work colleagues asked the Defendant if it was enough for the truck to carry, but the Defendant insist that they put some more iron roof onto the truck he was driving. They loaded the iron roofs until the truck was loaded with 40 pieces. The iron roofs length is 85 meters long.

After they completed loading the truck, they climbed to the truck and the Defendant drive them to the place they were supposed to go. The iron roofs were not tired to secure them onto the truck because the Defendant considers it to be not necessary as they will be going for only a distance away.

While the Defendant was driving the truck up a small hill, the iron roofs started to move backwards and they stated to the Defendant to stop. As soon as the truck stopped the iron roofs started to roll down the truck. The other work colleagues of the Defendant jumped out leaving the deceased alone behind the truck. While some of the iron roofs were moving out from the truck, the deceased followed them and fell to the ground and the iron roofs fell on top of him.

After all the roofs had fallen, the decease was removed from underneath the iron roofs unconscious and blood coming out from his nose and eyes, because of the weight of the iron roofs on top of him. He was taken to the hospital where they tried to save him but he died after some times.

The deceased was 19 years old at the time of the incident on 11 March 2005.

After the incident, he was immediately brought to Lenakel Hospital. On the examination, he was unresponsive, not breathing and with no palpable pulse. No heart sounds were audible. His pupils were fixed and dilated. There were blood coming from both external ear canals and the nose. He had abrasions over his skull in the left posterior auricular area. There was a palpable depressed skull fracture over the left parieto-temporal skull plates with instability of the skull on palpation. The findings are that Wilson Silas died immediately of severe, crushing head injury on 11 March 2005.

The followings are the aggravating features:-

• The Defendant was not taken reasonable care to carry load which is reasonable for his truck to carry.
• The Defendant was reckless; although the Defendant had no intention to cause the death of the victim boy, he caused the death through his recklessness. He was asked and advised to tire the roof onto the vehicle. Defendant did not pay any attention. He failed to take any proper care to avoid the incident leading up to the death of the victim boy.
  

The prosecution submitted that a suspended imprisonment sentence is appropriate.

In mitigation, it is submitted that the Defendant is a married man with 3 children aged from 3 to 19 years old. He is a first time offender. At the time of the incident, he was employed as a driver for a company. Now, he is employed by a person as a taxi driver.

The Defendant had performed a custom ceremony to the victim and his families. This shows that the Defendant is remorseful. He pleaded guilty at the first opportunity given to him. He had no intention to cause the death of the victim boy. The Defendant’s wife is unemployed. The defence submits that a suspended sentence coupled with a supervision order will be the appropriate sentence.

I consider the particular circumstance of the offending, the character and personal history of the Defendant supplied in the Probation’s Same Day Report dated 11 April 2007.

I consider whether or not a sentence of compensation is appropriate in the present case. A sentence of compensation is appropriate.

However, I decline to make a sentence of compensation because during the hearing, Mr Silas Iaunam, the father of the deceased boy informed the Court through a letter dated 11/04/07 and also orally in Court that he is filing a civil claim against the Defendant seeking for compensatory damages for the loss of his deceased son. The claim has already been lodged.

In the present case, I convict the Defendant, Tafan Willie Bob for the offence of Unintentional Harm Causing Death, contrary to Section 108(c) of the Penal Code Act [CAP.135].

I sentence the Defendant, Tafan Willie Bob, for an imprisonment sentence of 12 months and suspend it for a period of 16 months.

I also sentence the Defendant for a supervision order for a period of 6 months pursuant to Section 58G of the Penal Code Act [CAP.135] (as amended).

14 days to appeal.

DATED at Isangel, Tanna this 13th day of April 2007

BY THE COURT

Vincent LUNABEK
Chief Justice