Court: Disqualification Reduced To Two Years

August 9, 2021

A man who was convicted of driving without due care and attention in relation to a crash that resulted in a mother and her teenage son being injured, has had his sentence of five years disqualification quashed, with a period of two years substituted.

The collision occurred in 2018 and resulted in both the mother and son needing medical treatment overseas, and Dwayne Creary was originally disqualified for five years, however he appealed the ruling.

The ruling said, “This is an appeal against a sentence passed by the learned Magistrate, Mr. Khamisi Tokunbo, in respect of convictions following a trial on two counts of causing grievous bodily harm by driving without due care and attention.

“The Appellant argued that the total sentence of 5 years disqualification together with a fine of $5,000.00 was manifestly excessive. While the Crown opposed the appeal from the outset, the prosecutor at the close of hearing conceded that the appeal ought to succeed.

The ruling noted that on 1 July 2018, the complainant “was riding her motorcycle at a speed less than 30kph east along South Road in Paget Parish, approaching the entrance way to Elbow Beach Hotel,” and her 19-year-old son was the pillion passenger.

“The Appellant, Mr. Dwayne Creary, was driving a motor car at a high speed travelling in the opposite direction when he encroached on the eastbound lane and collided into the Complainant’s vehicle,” the ruling stated.

“As a result of the collision, the Complainant suffered a fractures in her pelvic region, an amputation of her big toe and further fractures in her femur [thigh bone]. She was also required to undergo surgery to her knee overseas at New England Baptiste Hospital.

“Her son also sustained serious injury which most notably consisted of a cardiovascular arterial tear necessitating surgery overseas at Lahey Health Clinic. Undoubtedly, it was a horribly traumatic experience for both her and her son who both continue to suffer the long-term effects of their injuries.

“In passing a sentence of 5 years disqualification, it is apparent that the learned magistrate intended for the Appellant to be separately penalized for the injury caused to each of the two Complainants. This approach was erroneously invited by the Crown in duplicitously charging the Appellant for two separate counts of causing grievous bodily harm by careless driving, contrary to section 37A.

“Admittedly, in a case involving such grave injury to more than one person, it seems only fair that the sentence should reflect the harm done to each person. However, the effect of the disqualification provisions under the 1976 Act are not contingent on the number of persons injured in any single offending act. The relevant question is: how many offences were committed?

“In this case, one offence was committed, albeit that the effects of that offence were doubly horrendous. The magistrate was statutorily duty bound to treat the Appellant as a first time offender, notwithstanding that the single accident caused serious injury to more than one person.

“Put another way, the number of persons made victim to the single accident was not capable of placing the Appellant in a category outside of that of a first offender.

“The appeal is allowed only to the extent that the sentence of 5 years disqualification imposed by Magistrate Tokunbo shall be quashed and substituted for a period of 2 years disqualification from all motor vehicles including auxiliary bicycles.”

click here banner Magistrates and Supreme Court 2

Read More About

Category: Accidents and fires, All, Court Reports, Crime, News