BY JENNIFER KUSAPA
A man in his 40s was sentenced with a fine of $1,200 and had his driving licence surrendered to the court yesterday for being guilty of ‘presence of alcohol in his blood’.
The accused Patson Farobo Nanai was charged in relation to an incident which occurred on December 23 last year along the Mendana Avenue in front of the Low Price Shop.
The allegation said on December 23, 2017, police officers were engaged in an operation and sighted a motor vehicle which was a white Toyota Corolla.
Police officers were doing vehicle checks at that time and when they checked the vehicle, they also did a breathalyser test and the outcome was positive with 0.209/100ml alcohol concentration.
Again after 10 minutes he was tested and the result was 0.192g/100ml which is still beyond the legal limit 0.05g.
Principal Magistrate Tearo Beneteti in sentencing the accused said though she accepts his early guilty plea and that he is a first time offender, the sentence imposed must be within all relevant laws and sentencing principles.
Ms Beneteti said such offence is serious and must have specific deterrence to help defendant and others realise that drink and drive is wrong.
She said she considers the defendant’s plea to the court for leniency that he has four children to look after.
“I could not accept this as a mitigating factor as the courts have again from time and time again repeated that such circumstances should not be taken as mitigating factors.
“If defendants are concerned about their family welfare and financial needs, then they should never venture out in committing offences at the first place to avoid any problems that will impinge their assistance for their family.
“This is one clear example of such and I am therefore bound to also consider it in such manner and disregard it as a mitigating factor,” Beneteti added.
