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Judge overturns sentence

Shalveen Chand
Friday, March 28, 2014

THE High Court in Suva has overturned a suspended sentence and sent a man to jail for two years.

Swadesh Chand was found guilty of causing death by dangerous driving and given a suspended sentence by the Magistrates Court last year.

However, the DPP's office appealed against the sentence.

According to the evidence, on November 8, 2011, Chand, who was driving along Nasinu Road in Valelevu, overtook a carrier and a bus and hit a girl, causing her death.

Justice Salesi Temo said the evidence shows Chand had shown complete disregard for road safety.

He said the carrier driver, who was driving behind the bus, had seen the victim and her sister getting off the bus.

The judge noted that the carrier driver, in his evidence, said he stopped behind the bus in order to allow the girls to cross.

Justice Temo said Chand ignored the attempts by the carrier driver to stop him from overtaking.

The judge said the victim was crossing the road with her sister, and Chand, in trying to avoid hitting the sister, hit the victim instead.

He said the gravity of the offence calls for a custodial term.

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