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High Court of Fiji |
IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
Crim. Case No: HAC 336 of 2023
BETWEEN:
STATE
PROSECUTION
A N D:
TEVITA MASAVU MATE
ACCUSED PERSON
Counsel : Ms. M. Naidu for the State
Ms. K. Maharaj for Accused
Date of Sentence : 28th March 2024
SENTENCE
COUNT ONE
Statement of Offence
MANSLAUGHTER: Contrary to Section 239 (a) (b) & (c) of the Crimes Act 2009.
Particulars of Offence
TEVITA MASAVU MATE on the 09th day of August, 2023, at Nina Street, Suva, in the Central Division drove a motor vehicle registration number JQ 890 in a manner that caused the death of MERE SULU and at the time of driving the said vehicle, TEVITA MASAVU MATE was reckless as to the risk that his conduct would cause serious harm to another.
COUNT TWO
Statement of Offence
DANGEROUS DRIVING OCCASIONING GRIEVOUS BODILY HARM: Contrary to Sections 97 (4) (c) and 114 of the Land Transport Act 1998.
Particulars of Offence
TEVITA MASAVU MATE on the 09th day of August, 2023, at Nina Street, Suva, in the Central Division drove a motor vehicle registration number JQ 890 along Nina Street in a manner dangerous to another person and was involved in an impact thereby occasioning grievous bodily harm to MERESEINI KOROI.
COUNT THREE
Statement of Offence
DRIVING MOTOR VEHICLE WITHOUT A VALID DRIVING LICENSE: Contrary to Sections 56 (3) (a) (6) and 114 of the Land Transport Act 1998.
Particulars of Offence
TEVITA MASAVU MATE on the 09th day of August, 2023, at Nina Street, Suva, in the Central Division drove a motor vehicle number JQ 890 along Nina Street without being a holder of a valid driving license.
“Road accidents cause immense human suffering. Every year, a considerable number of people are killed and seriously injured. This represents a serious economic burden. It is understandable that cases of serious driving offences causing death are referred to courts by the DPP in the form of Manslaughter because he considers that the prescribed sentence and tariff for Causing Death by Dangerous Driving is unduly lenient.
Motor manslaughter cases cause particular difficulty for sentencers. By definition, it is one which always gives rise to extremely serious harm. Understandably this often leads to calls from victims' families, and from the wider community, for tough sentencing. On the other hand, an offender sentenced for causing death by reckless driving did not intend to cause death or serious injury, even in the extreme case where he or she deliberately drove for a prolonged period with no regard for the safety of others. Therefore, the sentencing should strike an appropriate balance between the level of culpability of the offender and the magnitude of the harm resulting from the offence.
A factor that courts should bear in mind in determining the sentence which is appropriate is the fact that it is important for the courts to drive home the message as to the dangers that can result from dangerous driving on the road. It has to be appreciated by drivers the gravity of the consequences which can flow from their not maintaining proper standards of driving. Motor vehicles can be lethal if they are not driven properly and this being so, drivers must know that if as a result of their driving dangerously a person is killed, no matter what the mitigating circumstances, normally only a custodial sentence will be imposed. This is because of the need to deter other drivers from driving in a dangerous manner and because of the gravity of the offence. [R v Cooksley (supra)].”
“The current sentencing trend for the offence of manslaughter under the Crimes Act appears to be between 5 years to 12 years imprisonment. The above sentencing range does take into account the objectives of section 4 of the Sentencing and Penalties Act. Section 26 (2) (a) of the Sentencing and Penalties Act gives the High Court the powers to suspend a final sentence if it does not exceed three (3) years imprisonment. Accordingly, there is no need to establish a new tariff for the offence of manslaughter. A sentencing court can impose a suspended sentence based on the circumstances of the offending, a tariff may be construed as a restriction or may even confuse a sentencer. In exceptional cases a sentencing court should consider suspending a sentence. (emphasis added)
.................................................
Hon. Mr. Justice R.D.R.T. Rajasinghe
At Suva
28th March 2024
Solicitors
Office of the Director of Public Prosecutions for the State.
Office of the Legal Aid Commission for the Accused.
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URL: http://www.paclii.org/fj/cases/FJHC/2024/198.html