Men appeal traffic offence sentences
An appeal by two men in Supreme Court to have their sentences amended has highlighted the need for uniformity in sentencing traffic offences.
Both men were disqualified from all motor vehicles for speeding earlier this year and brought their grievances before Chief Justice Richard Ground.
Eric Dunkley who lives in St. George's, was caught speeding on his motorcycle at 79 kph at 6.30 a.m. on July 23 on Blue Hole Hill.
Subsequently Magistrate Khamisi Tokunbo disqualified Mr. Dunkley from all vehicles for three years.
His lawyer, Richard Hector QC yesterday told the court his client needed transportation as he lived in St. George's but did shift work for Belco from 7 a.m. and also operated a mobile barber service.
Mr. Hector said Mr. Dunkley simply wanted to be disqualified for either a shorter period of time, or have his disqualification amended to exclude motorcars.
He referred to another case in July this year when Kimani Fubler was caught speeding at 97 kph in a motorcar and was fined $500 and disqualified from motorcars for only two years.
The Road Traffic Act, he said quite clearly stated that anything exceeding 84 kph elicits a five year disqualification.
Wayne Caines, who represented the DPP, told the court that Magistrate Tokunbo acted within the parameters of the Road Traffic Act, but the norm would be to disqualify someone from the class of vehicle used in the offence ? depending on the speed.
Mr. Caines added that between 100 and 120 people appeared in traffic court every week for similar offences.
Justice Mr. Ground amended Dunkley's sentence to exclude motorcars.
Meanwhile Berkeley Institute teacher, David Chapman was caught speeding on his motorcycle at 85 kph at 5.30 a.m. on May 14 along North Shore Road.
Magistrate Archibald Warner had disqualified Mr. Chapman from all motor vehicles for a period of one year.
Representing himself in court Mr. Chapman said he had since bought a car out of necessity.
The father of three, he told the court he was also involved in various community projects for which he needed transport.
He provided the court with a letter of reference from Bermuda Industrial Union President and Member of Parliament, Derrick Burgess which spoke to Mr. Chapman's contributions to society, his personality and his professionalism, including his Best of Bermuda Award as Teacher of the Year in 2003.
"I'm not contesting my guilty plea, just trying to adjust my sentence," Mr. Chapman told the court.
Justice Mr. Ground amended his earlier sentence to exclude motorcars, but warned Mr. Chapman to obey the speed limit in the future.
Before adjourning, Justice Mr. Ground said he would be discussing the issue of sentencing in these matters with the Director of Public Prosecutions and Magistrates' Court.
