A 17-YEAR-OLD juvenile who run over a two-year-old child with a vehicle he drove last year on Rennell, Renbel Province, will only serve half of the one year jail term imposed on him last Friday.
Principal Magistrate Augustine Aulanga also has that one year imprisonment back dated to when he was remanded in custody.
“This sentence in my view fits well the circumstances of this case since his level of offending is at the low end of the culpability or blame worthiness for an offence under section 38 of the Road Transport Act,” Mr Aulanga said.
He then ordered that the accused will only serve half of that sentence and thereafter, be released to serve the balance of that term under the care and supervision of his aunty in Honiara.
The juvenile was sentenced following his conviction after a trial for one count of causing death by reckless or dangerous driving.
He was 16 years of age at that time of the offending on 15 June last year at a settlement at Rennell.
He hit the child who was in front of the land cruiser when he drove off from where he parked beside the road.
The child was rushed to the Tigoa hospital but was pronounced dead upon arrival.
Mr Aulanga said in his judgment he found the accused caused the death of the deceased when he failed to look or focus to the front of the land cruiser whilst driving past Matahenua settlement at the time of the offending.
“That is the fault on his part although he was not driving at a high speed.”
In his sentencing remarks, Mr Aulanga said in this case, a child had lost his life and his family had suffered much following his death.
He said the impact that it will have on the deceased’s family will remain with them for the rest of their lives.
“No amount of money or compensation will please or restore him back to his family.
“Also, the deceased was a two-year old child when he was killed by the vehicle driven by the accused.
“Sadly, he was deprived of a long life that is yet ahead of him.
“Thus, when it comes to sentencing, the court should not unnecessarily buy into the temptation of focusing only on the offender’s side of the story but must also consider the suffering and the hardship faced by the family who lost their family member as a result of the action of the offender.
“Therefore, in cases where death is a consequence of an offender’s reckless or dangerous driving, the court will not take it lightly but must issue a deterrent message to signal to the public that anyone who decides to commit this type of offence will go to prison,” Mr Aulanga warned.
The court heard that after the incident, both parties entered into a customary reconciliation where $16, 000 in cash and cheque and foods were given to the family of the deceased.
The accused also met up with the deceased’s family where he apologised to them over the tragic incident that resulted in the death of their child.
The relationship of both parties is now in good terms.
The accused was represented by Cathy Hite of Public Solicitor’s Office while public prosecutor Freliz Fakarii appeared for the state.
By ASSUMPTA BUCHANAN
