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State v Mcgoon [2014] FJMC 32; Traffic Case 114.2013 (7 February 2014)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Traffic Case No: 114/2013

State

V

Harriot Buna Mcgoon

Prosecution: PC Raymond, Police Prosecutor.
Accused: Present with Ms. V. Bano

SENTENCE

1. Harriot Buna Mcgoon you are now being sentenced for the following charges (counts):
   

First Count

Statement of offence (a)

DANGEROUS DRIVING: Contrary to Section 98 (1) and 114 of Land Transport Act, Number.35 of 1998.

Particulars of offence (b)

HARRIOT BUNA MCGOON, on the 1st day of February,2013 at Suva in the Central Division, drove a motor vehicle registration number FG 550 on Victoria Parade in a manner which was dangerous to the public having regards to all circumstances of the case

Second Count

Statement of offence (a)

BREACH OF ZERO ALCOHOL LIMIT: Contrary to Section 105)1)(a)(2) and 114 of the Land Transport Act No:35 of 1998.

Particulars of offence (b)

HARRIOT BUNA MCGOON, on the 1st day of February, 2013 at Suva in the Central Division, drove a motor vehicle registration number FG 550 on Victoria Parade whilst a concentration in the blood of Harriot Buna Mcgoon is 103.4 milligrammes more than 0.00grams per 100 millilitres of blood.

Third Count

Statement of offence (a)

DRIVING MOTOR VEHICLE WITHOUT BEING A HOLDER OF A DRIVING LICENCE: Contrary to Section 56(6) and 87 of the Land Transport Act No: 35 of 1998.

Particulars of offence (b)

HARRIOT BUNA MCGOON, on the 1st day of February, 2013 at Suva in the Central Division, drove a motor vehicle registration number FG 550 on Victoria Parade without being a holder of a driving license in respect of the said motor vehicle.

Forth Count

Statement of offence (a)

DRIVING MOTOR VEHICLE IN CONTRAVENTION OF THE THRID PARTY POLICY RISK: Contrary to Section 4(1)(2) of the Motor Vehicle (Third Party Policy Insurance) Act 177.

Particulars of offence (b)

HARRIOT BUNA MCGOON, on the 1st day of February, 2013 at Suva in the Central Division, drove a motor vehicle registration number FG 550 on Victoria Parade when there was not in force in relation to the use of the said motor vehicle by the said HARRIOT BUNA MCGOON, a policy of insurance in respect of the Third Party Policy risks as complied under the provisions of this act.

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 105(2) Breach of zero alcohol limit, same penalties as under section 103(1)(a) - for a first offender is $2000/2 years and mandatory disqualification from 3 months to 2 year.

(c) 56(6) -Driving without a licence - First offence - $200/30 days.

4. Harriot Buna Mcgoon, 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 - Breach of zero alcohol limit – Fine $300 and disqualification from driving for 6 months.

Count Three - Driving without a licence – Fine - $100.00

Count Four - DRIVING MOTOR VEHICLE IN CONTRAVENTION OF THE THRID PARTY POLICY RISK – Fine $100.00

Total Fine - $800.00 to be paid within two months in default 80 days imprisonment. Total disqualification is 6 months. The message is clear to you and like-minded offenders are that you will be disqualified from driving breach zero alcohol limit. Our roads need to be made safer from drunk drivers and the members of 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 April 2014 until which your bail is extended.

Chaitanya Lakshman
Resident Magistrate

7th February 2014