Motesio Vaioleti (33), who knew he was driving with faulty brakes with his children in the vehicle, and crashed into another vehicle, was fined $300 pa’anga.

This must be paid within two-months or face one-month imprisonment, after being convicted for driving without due care and attention.

The judge said this crash, on the intersection of Tu'i and Wellington Roads, caused extensive damage to complainant’s vehicle and a quote for repair was produced for $11,960 pa’anga. This offence was committed on 8 January 202.

“I am afraid that neither counsel appears to consider that this was a serious offence which the accused committed. What is serious about it is that the accused knew that his brakes were not working or were not working properly and yet he chose to drive it on the road.”

He said it was already the offence of driving without due care and attention. 

“But what was worse, he had his kids in the vehicle as well exposing them to injury or death.”

At the same time, it was just by chance that the complainant driver was not killed, said the judge.

“I wonder how many drivers out there are still driving around with faulty brakes or no brakes and are thinking that they are not committing any offence, such as this case. 

“That is why this offence is serious. With the number of motor vehicles on the road increasing all the time, the Courts must ensure that sentences they impose sufficiently deter drivers from driving without due care and attention, in particular, that they do not drive with faulty brakes,” he said.

At the same time, Legislature has enacted that the fine for such offence be up to a maximum of $800.

“I consider that the fines of $100 to $200, which are presently imposed for it, are not deterrent enough to ensure that they are not committed,” he said.

“We should not wait and only impose a heavier penalty when a life is lost as a result of this offence.” 

Apart from the fine, the accused driver’s licence was not disqualified, but it was ordered that his vehicle must not be driven or be on the road until the brakes have been certified by the Ministry responsible for Transport are functioning properly. 

The judge also ordered that he pay compensation of $1,000 to the complainant in part for the damages within three months. Failure will see him serve two-months imprisonment.