Public Prosecutor v Muramur

Magistrate Court

Criminal
741 of 2022
20 Mai 2025
20 Mai 2025

Magistrate Nixon Lipa Pantutun
Public Prosecutor
Alex Muramur
Mr. Asang for the Public prosecutor; Defendant in person

Introduction

1.    Mr. Alex Muramur, you appear before court on 16th May 2025 for plea and you admitted the facts as you answer “YES HEMI TRUE”.

2.    You appear today for sentencing after pleaded guilty to one count of careless driving contrary to section 14 of Road Traffic (Control) Act Cap 29.

3.    Accordingly, based on your guilty plea and own admission, I convicted you guilty on one count of careless driving contrary to section 14 of Road traffic Control Act. 

Brief facts

On 20 September 2022 at Ligarak Area, Central Malekula, you are driving a Mitsubishi Vehicle registration No# MCT718 and without extra care and attention, you collide with a tree along side road causing accident. 

Relevant law and its penalty

4.    The offending is in breached of section 14 of the Road Traffic Control Act (CAP 29).

5.    It carries a maximum penalty of six months imprisonment or 50,000vt fine or both such fine and imprisonment. 

6.    The accepted aggravating factors, Mr Alex Muramur, you fail to exercise your duty of care while driving and there are passengers in  vehicle when causing accident putting the life of passenger in risk. 

7.    No valid license presented during scene when attended by police.  

8.    I take note of your earlier guilty plea, your personal backgrounds and your remorseful for such action and also realizing the wrong you have done. 

9.    Therefore, after hearing the brief facts produced by the prosecution, the court is satisfied beyond reasonable doubt that the facts were undisputed and so convicting the defendant.

10.    Given the nature of offending, the court order you to pay a fine of 5,000VT and a prosecution cost of 2,000VT.

11.    Reasons for sentencing 

(a)    This sentencing will send message of deterrence for your action and the like offenders from committing such similar offence. 

(b)    Denounce your action for safety of road users. 

(c)    The sentence will also make you realize the wrong of your action and to be more careful in future when driving vehicle. 

12.    The defendant has 1 month to pay fine of 5000VT and prosecution cost of 2,000Vt. 

13.    The defendant also has 14 days to appeal from the date of this sentence. 

 

DATED at Port Vila, this 20 DAY OF MAY 2025. 

BY THE COURT

 

MAGSTRATE.