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State v Erasito [2013] FJMC 363; Traffic Case 153.2012 (16 August 2013)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS
Traffic Case No: 153/12

STATE

V

Terence Erasito

Prosecution: WPC Kelera, Police Prosecutor.
Accused: Present with Mr Isireli Fa.

SENTENCE

1. Terence Erasito you are today being sentenced for the following charges:
   

First Count
Statement of offence (a)

Dangerous Driving: Contrary to Section 98 (1) and 114 of the Land Transport Act 35 of 1998.

Particulars of offence (b)

Terence Erasito, on the 28th day of July, 2012 at Nabua in the Central Division, drove a vehicle registration number FN 397 on Ratu Mara Road in a manner which was dangerous to the public having regards to all the circumstances of the case.

Second Count
Statement of offence (a)

Driving A Motor Vehicle Whilst There is Present in The Blood A Concentration Of alcohol In Excess of The prescribed Limit: Contrary to Section 103(1) and 114 of the Land Transport Act 35 of 1998.

Particulars of offence (b)

Terence Erasito, on the 28th day of July, 2012 at Nabua in the Central Division, drove a vehicle registration number FN 397 on Ratu Mara Road, Nabua whilst there was present in 100 millilitres of his blood a concentration of 167.2 milligrammes of alcohol which was in excess of the prescribed limit.

2. You have pleaded guilty on your own free will to the charges. The statement of facts was put to you and you on your own free will admitted the facts. Your counsel has filed written mitigation which this Court has considered.

3. The maximum sentence prescribed for each of the charges/counts and relevant in your case is as follows:

(a) For Dangerous Driving: Contrary to Section 98 (1) and 114 of the Land Transport Act 35 of 1998 for 1st offence - $1000/12 months and disqualification for 6 months.

(b) For Driving A Motor Vehicle Whilst There is Present in The Blood A Concentration Of alcohol In Excess of The prescribed Limit: Contrary to Section 103(1) and 114 of the Land Transport Act 35 of 1998 for a first offender is $2000/2 years and mandatory disqualification from 3 months to 2 year.

4. Terence Erasito, having considered the relevant factors in your case and this Court having noted you are a first offender you are now sentenced for each of the counts as follows:

Count One - Dangerous Driving – fine $300 and disqualification from driving for 6 months.

Count Two - Driving A Motor Vehicle Whilst There is Present in The Blood A Concentration Of alcohol In Excess of The prescribed Limit – Fine $300 and disqualification from driving for 6 months.

Total Fine - $600 to be paid within one month in default 60 days. Total disqualification is 6 months. Upon payment of the fine in full you will be discharged without a conviction. The message is clear to you and likeminded offenders that you will be disqualified from driving for driving whilst being over the prescribed limit of alcohol. Our roads need to be made safer from drink drivers and the community must adhere to rules and laws to make our roads safer.

9. Any party that is not satisfied with the sentence of this Court has the right to Appeal to the High Court within 28 days from the date of this Sentence. This Court will review the payment of the fine on 30th September 2013 until which your bail is extended.

Chaitanya Lakshman
Resident Magistrate

16th August 2013