Police v Amosa [2016] WSDC 47 (18 November 2016)

DISTRICT COURT OF SAMOA
Police v Amosa [2016] WSDC 47

Case name:	Police v Amosa
Citation:	[2016] WSDC 47
Sentence Date:	18 November 2016
Parties:	POLICE v FAAVAE AMOSA male of Fasitoo uta
Hearing date(s):
File number(s):	D1330/16, D1526/16, D1527/16, D1528/16
Jurisdiction:	CRIMINAL
Place of delivery:	District Court Samoa, Mulinuu
Judge(s):	JUDGE LEIATAUALESÃ D M CLARKE
On appeal from:
Order:	Convicted and sentenced as follows: In respect of the charge of driving while the proportion of alcohol in your breath was 84 micrograms, you are fined $540.00 to be paid within 7 days, in default, 6 weeks imprisonment; In respect of the charge of careless driving, you are convicted and fined $80.00 to be paid within 7 days, in default, 1 week imprisonment; In respect of the charge of driving whilst unlicensed, you are convicted and fined $80.00 to be paid within 7 days, in default, 1 week imprisonment; and In respect of the charge of driving an unregistered vehicle, you are convicted and fined $80.00 to be paid within 7 days, in default, 1 week imprisonment; You are disqualified from holding or obtaining a driver’s licence for a period of 3 months. Such disqualification shall continue until such time as you have passed such test of competence for driving a motor vehicle as required by law.
Representation:	Sgt Stanley for Police Prosecution Defendant in person
Catchwords:	Influence of Alcohol in Breath, Careless Driving, Unlicensed Driver - Unlicensed Vehicle
Words and phrases:
Legislation cited:	Road Traffic Ordinance 1960 s.38 & 72A(2), s.27(1) & 72A(2), s.7(1)(2), 72A(2)
Cases cited:
Summary of decision:

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Informant

A N D

FAAVAE AMOSA, male of Fasitoo uta
Defendant

Counsel:
Sgt Stanley for Police Prosecution
Defendant in person

Sentence: 18 November 2016

SENTENCING DECISION OF JUDGE CLARKE

The Charges

3. Fa’avae, you appear for sentence on 4 charges summarised as follows:
   • (a) That on the 23^rd of April 2016, you were the driver of a Suzuki Vitara registration number 8504 on the West Coast Road while the proportion of alcohol in your breath was 63 micrograms. The charge carries a maximum penalty of up to 5 years imprisonment or a fine of up to $5,000.00 or both;
   • (b) That on the same date, you drove that same vehicle carelessly, carrying a maximum penalty of a fine of up to $200.00;
   • (c) That on the same date, you drove the car without a valid driver’s licence, this offence carrying a maximum penalty of a fine of up to $200.00; and
   • (d) That on the same date, you drove the vehicle whilst it was unregistered, also carrying a fine of up to $200.00.
4. You pleaded guilty to all the charges at an early date.

The Offending

5. According to the Summary of Facts, on the evening of the 23^rd April 2016 at approximately 7pm, the victim was travelling from Apia to Faleolo. The Suzuki Vitara driven by you was travelling on the West Coast Road. The victim saw that you were indicating to turn right at Fasitoo-uta. A short while afterwards, the victim was surprised when your car sped through and struck the right side mirror of the victim’s car.
6. Police at Faleolo were informed of the matter. Police located you and smelt alcohol on you. You were then taken to the Police Station at Apia. An evidential breath screening test was carried out and a reading of 63 micrograms was recorded. On investigation, Police confirmed that you do not hold a valid driver’s licence and the car was unregistered.

The Accused

7. You are a 46 year old male of Fasito’o-uta. You are unemployed and stay at home.

The Victim

8. The victim of your offending is Sosene Euta, a 27 year old male.

Aggravating features of the offending

9. There are a number of aggravating features of your offending:
   1. You were driving fast (“na faateia ia I le saoasaoa mai o le sau a le taavale a le o loo molia”); and
   2. Your offending was on the West Coast Road between Apia and Mulifanua, a road that has become a dangerous road in which there are a significant number of traffic accidents before the Court; and
   100. Your driving was affected by the alcohol you had consumed.

Mitigating features of the offending

10. There are no mitigating features in respect of the offending.

Aggravating features in respect of the offender

11. There are no aggravating features personal to you as an offender before the Court.

Mitigating features in respect of the offender

12. You entered an early guilty plea which is the only mitigating factor.

Discussion

13. Driving whilst under the influence of alcohol is a serious offence. It carries a maximum penalty of up to 5 years imprisonment and/or a fine of up to $5,000.00. In your case, not only were you intoxicated but you drove carelessly striking the victim’s car, were unlicensed and driving an unregistered car. Anyone one of those reasons meant that you should not have been on the road driving that car. However, you decided to drive the unregistered car whilst unlicensed and intoxicated. Your offending as a whole is not at the low end of offending of this type and means based on the material before the Court that a discharge without conviction and a conviction and discharge are not appropriate. A conviction and ordering you to come up for sentence is also not appropriate.

Sentence

14. You are convicted and sentenced as follows:
    5. In respect of the charge of driving while the proportion of alcohol in your breath was 84 micrograms, you are fined $540.00 to be paid within 7 days, in default, 6 weeks imprisonment;
    6. In respect of the charge of careless driving, you are convicted and fined $80.00 to be paid within 7 days, in default, 1 week imprisonment;
    7. In respect of the charge of driving whilst unlicensed, you are convicted and fined $80.00 to be paid within 7 days, in default, 1 week imprisonment; and
    8. In respect of the charge of driving an unregistered vehicle, you are convicted and fined $80.00 to be paid within 7 days, in default, 1 week imprisonment;
15. You are disqualified from holding or obtaining a driver’s licence for a period of 3 months. Such disqualification shall continue until such time as you have passed such test of competence for driving a motor vehicle as required by law.
    

JUDGE LEIATAUALESÃ D M CLARKE