THE High Court in Suva overturned a non-custodial sentence for a man convicted by the Magistrates Court for causing death by dangerous driving last year.
Leveni Waitui was sentenced to 12 months imprisonment suspended for two years for causing the death.
Waitui was also charged with failure to comply with regulations after an accident, a count of driving without a licence and one of contravening the third party policy.
According to the facts of the case, Waitui was driving a RSL carrier at 5.45pm on February 24, last year along Princes Rd when he fell asleep.
According to the judgment, a Saiasi Sewabu who was intoxicated with liquor was lying in the middle of the road and Waitui ran over him.
It was said that Waitui failed to stop after the accident.
He had pleaded guilty in the Magistrates Court and was sentenced, however the State had appealed the sentence.
Justice Paul Madigan in his sentence said the accused drove the vehicle and was carrying passengers when he did not have a licence.
He said the magistrate had erred in not considering the seriousness of the offence.
Waitui was jailed for two years.