Suspended sentence for reckless driver in child’s death [1]
Wednesday, September 18, 2019 - 23:04
Hon Mr Justice Laki Niu on September 3 during sentencing, said the suspended sentence is for two years based on conditions that the accused serve 45 hours of community serve.
In addition, he must not commit any offences punishable with imprisonment during the period of suspension.
The judge said, from the evidence the accused was driving a light open van at speed of between 50 and 60 mph in Tatakamotonga, and at that speed overtook two vehicles in front of him and hit a five year old boy who was running across the road, causing his death.
The judge said daily, there are more and more motor vehicles being used on the roads such that we are forced to drive behind the vehicles in front of us and not overtake them because the other lane is being used by the vehicles travelling in the opposite direction; otherwise we would collide with those vehicles.
“We are required by those circumstances to exercise care and attention, and most importantly, restraint and patience, and that is what this law was enacted to achieve - in order that lives are not lost and injuries are not caused to the users of the road, including this little five year old boy who thought he could safely dash across the road before the next vehicle came along,” he said.
"You did not abide by those requirements. You became impatient. You did not exercise restraint. You wanted to get to Talafo'ou where you were going to pick up the washing machine you went to get and to get back to Haveluloto quickly. The several motor vehicles in front of you were going too slow for you to follow so you decided to overtake them."
“The accused had braked, by slamming your foot on the brake pedal but the brake was faulty and both the rear wheels did not stop at all.
He caused the death of the child by driving a motor vehicle which he knew had faulty brakes. He was overtaking and travelling at a speed which was excessive for the brakes of the vehicle.
“You knew you were in a village where people, and children, sometimes run across the road. You ought to have thought and to have anticipated that kids may run across the road,” said the judge.
"You cannot claim that this was an accident because you say the kid should not have dashed across the road like he did. That is not correct. The kid was dashing across the road properly and safely. It was you who was driving a vehicle with faulty brakes which caused his death. If both front wheels of your vehicle had stopped at the same time and if your rear wheels also both stopped at the same instant as the front wheels, as they ought to have done, there might not have been this death of the child."
The Crown said the accused was a first offender, expressed remorse, cooperated with police and his family apologized to the deased family and was accepted.
The accused was then sentenced to two years six months imprisonment that was fully suspended.