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Public Prosecutor v Bedford - Sentence [2002] VUSC 48; Criminal Case No 002 of 2002 (6 August 2002)

IN THE SUPREME COURT

OF THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No. 02 of 2002

PUBLIC PROSECUTOR

–v-

SUE BEDFORD

Prosecution - Mr. Eric Csiba

Defence- Mr. Nigel G. Morrison

SENTENCE

You have pleaded guilty to unintentionally causing the death of another through negligence contrary to Section 108 (c) of the Penal Code and failing to stop after a road traffic accident.

I have set out in the judgment I read earlier my findings of fact. I will not go into detail again on them.

I have read the many character references put before me. They all speak highly of your honesty, integrity and kindness and consideration for others. You have a long history of good driving and no other convictions.

I have no doubt you have gone over this incident again and again in your mind. I have no doubt you have had many sleepless nights and that you will never forget this whole episode.

I have to decide what is the correct sentence according to law. Anyone who walks or drives in or around Port Vila sees people driving without care for other road users, particularly pedestrians. I stated in the case of Kaltang (Page 4), “It is too late after killing or seriously injuring someone through reckless or careless driving to say “I am sorry”. It is too late”.

I do not think you come in that category. However, I have found you were driving too fast for the road conditions, you did travel at the edge off the tarmac and on the white carrier and that your look out was grossly defective. I don’t know why you did that. I accept it was out of character for you.

However, it was not a momentary lapse, and a man died as a result. On the evidence before me I cannot see any basis to suggest there was any contributory negligence.

You have pleaded guilty. I do not reduce the credit for that by reason of the hearing. It was necessary to establish the basis for sentence. You have been co-operative throughout and not sought to run away from your responsibilities. You clearly like living in Vanuatu and are giving much to the community.

In these circumstances I find the starting point is a sentence of twelve months imprisonment reduced to nine in view of the mitigating factors.

The next question is whether or not that sentence should be suspended. Your counsel has argued that your case is very similar to that of John Jenkinson –v- PP, where a sentence of six months suspended for 18 months was considered correct.

Reference has also been made to the case of PP –v- Joel Kaltang where I imposed a sentence of twelve months imprisonment but did not suspend it. The personal mitigation of Mr. Kaltang was very similar to yours. He was a man of no convictions who had given a lot to his community.

However, there were two significant differences. First he was driving a public bus and second he had drunk alcohol which to some degree must have contributed to the accident. There is no such finding in your case.

Accordingly I will suspend the sentence for 2 years.

The sentence is

Count 1: 9 months imprisonment suspended for 2 years.

Count 2: Discharge under Section 42 of CPC.

Costs VT20,000 payable by 3 pm on 9^th August.

If I could in law disqualify you from driving I would have done so for 3 – 5 years.

I would suggest you liaise with Mr. Morrison and the chief to arrange custom settlement of this matter. It is certainly important for the family of George Naio and I think it will help you.

Dated at Port Vila, this 6^th day of August 2002.

R. J. COVENTRY

Judge

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