Public Prosecutor v Joseph [2009] VUSC 22; Criminal Case 86 of 2008 (6 April 2009)

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

Criminal Case No. 86 of 2008

PUBLIC PROSECUTOR

V

JACK JOSEPH

Coram: Justice N. R. DAWSON

Date of Hearing: 6th April, 2009

Date of Decision: 6th April, 2009

Counsels: Mr. Takau for Public Prosecutor
Mr. Boe for Accused

SENTENCE

1. Mr. Joseph you appear in Court today for sentencing on a charge of Causing Death by Reckless Driving, and Driving Without a License. Causing Death by Reckless Driving has a maximum sentence of 5 years in prison.
   
2. During festivities associated with the Independence Day Celebrations in 2008 you went to the World Rental Car company and hired a motor vehicle and at that same time on 24th July, 2008 you drove your girlfriend and two of your friends in that vehicle. You drove in the direction of North Efate but the road is not in a good condition but you decide to carry on. After rounding South Efate you pulled over for a swim at a river. You spent about an hour there before heading back to Port Vila. On the way back you were travelling at a very high speed and you rounded a corner where you applied the brakes to reduce the speed of the car. The back wheels slipped on the gravel on the side of the road, causing you to loose control of the car. The car hit the ridge at the side of the road turning over three times into a cattle field beside the road. At that point the victim was flung through the front passenger window and fell on to the grass. Another lady was also flung through one of the windows of the car. You and the other passenger got out of the car to check whether your girlfriends were alright. One was crying in pain, the other was lying unconscious and did not wake up. When she was taken to Vila Central Hospital she is examined and found to be dead due to the injuries she had to her head and neck.
   
3. Mr. Joseph I have read and heard the submissions on your behalf from your counsel as well as the submissions made by the Public Prosecutor. I have also read the probation report that has been prepared. In sentencing you there are sentencing factors I need to take into account. The first is you need to be held accountable for harm that you caused. The harm you caused was considerable, it result in the dead of an innocent person and no doubt injuries to others. I need to provide a sentence that will promote within you a sense of responsibility. I also need to take into account the interests of the victim who is dead as a result of your activities on that night. This is a case where compensation needs to be considered also. I also need to denounce your behaviour and make it absolutely clear that you cannot drive in this way. People need to be deterred from behaving in this way. I also need to take into account the principles relating to the promoting reconciliation pursuant to section 118.
   
4. There are aggravating features to your offending. The first is the abuse of trust. The victim and the other persons in your vehicle were particularly vulnerable. You were in effect the captain of the ship on that night and you were responsible for your passenger’s welfare and safety. You were also driving at that same time without a license, which you should not have been doing.
   
5. In mitigation you entered guilty pleas at an early stage and you have been a person of good character. You have also attended compensation by way of custom by making compensation of VT 162,000 to the father of the victim and you have almost completed the arrangements relating to the transfer of the land to the value of VT 415,000 to the mother of the victim.
   
6. I note that you are a university graduate and you are employed as a Chief Financial Controlling Officer at the Ministry of Finance. You are a person who has never appeared in Court before. You appear to be a person of good character but you made some terrible decisions on this occasion which led to the death of your girlfriend.
   
7. I have made it clear in this Court that if people drive recklessly and people die as a result of that behaviour then those persons should go to prison. I made that clear on 1st November, 2008 last year that for any further behaviour of this type people would go to prison. Your offending occurred prior to 1st November, so I will take that to account. But I repeat that any persons coming before the Court for reckless driving leading to the dead of people can expect a sentence of imprisonment. In your case it is still appropriate to commence your sentencing by considering a starting point of sentence of imprisonment.
   
8. In my view your behaviour would lead to a starting point of 3 years imprisonment. I have to take into account the mitigating factors I have mentioned. A reduction would be appropriate to a term of imprisonment of 2 years. Because of your outstanding record and that you have been a person of such good character and you have truly been remorseful for what you did, I am going to suspend that sentence of imprisonment for 2 years. If you do not offend again this matter will go away after 2 years. If you offend again and come back to Court you will expect a sentence of imprisonment for 2 years for this offence in addition to anything new that you might have incurred. I am also disqualifying you from holding or obtaining a driver’s license for 18 months from today.
   
9. Because you have not completed the compensation payment to the victim’s mother. I am making a compensation order equivalent to VT 415,000 for the transfer of land to the victim’s mother to be completed. For the charge of driving without a license you are convicted and sentenced to 1 month imprisonment to be served concurrently also suspended for the same period of 2 years and you are disqualified from holding or obtaining a driver’s license 6 months also to be served concurrently from today.
   
10. Mr. Joseph you have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today’s date. Mr. Joseph I have entered the sentence against you on the basis that it is highly unlikely I will never see you before a Court again and I hope that will be the case.
    

Dated at Port Vila, this 6th day of April, 2009

BY THE COURT

N. R. DAWSON
Judge