Justice Carlisle Greaves says the courts have embarked on a programme to complete all death by dangerous driving cases “before Christmas”.
“This is a call to all who have outstanding cases of death by dangerous driving matters to get into contact with the court as soon as possible and have your cases brought up and disposed of. Put away your fear of imprisonment . . . . If our voice is heard, we will expect that we will be able to dispose of all of these cases before Christmas. All of the criminal courts are now on the same page to dispose of these matters as part of our backlog reduction programme,” he said in the No. 3 Supreme Court on Friday.
The judge noted that some members of the public were of the view that the sentences for the offence were low, considering the loss of life, but he insisted that incarceration should be reserved for individuals who engaged in “real dangerous driving”.
“For example, the vehicle that overtakes several vehicles in a dangerous bend or drives without lights on at night, or those who are watching their cell phone while driving – and that list is not exhaustive. But where the driver tends to have made an error that ordinary and reasonable drivers may make sometimes . . . I do not think that, in every case, that should attract a custodial sentence,” he said.
Justice Greaves made the comments while sentencing Dadree Jamar Emmanuel Gibson of Carters, St John, for causing the death of Hartley Cox on March 22, 2013, by driving a motor vehicle on Four Square Road, St Philip at a speed or in a manner dangerous to the public. He was fined $5 000 payable in one week with an alternative of six months in prison.
“There are many of these cases before the Supreme Court, and they are indeed very aged. This case is a 2013 matter; it has been 11 years, and the defendant has gone on to live a productive life. It is difficult when a case of this sort is delayed so substantially for a court to then disrupt a person’s life by imposing a custodial sentence in these cases,” Justice Greaves said.
“Even a fine should be tempered in these circumstances and ought not to be overly oppressive. Some may be disturbed by some of these cases where the court imposes a fine and may consider that this is insufficient because someone has lost a life, but it must be remembered that the errors in these types of cases are no more than human and are no more than any ordinary reasonable person can make at any time.”
Justice Greaves also reminded that there is a civil arm of the legal system that could be used by those seeking compensation, including from insurance companies, “and that is where greater satisfaction may be obtained by way of compensation.”
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