Involved in fatal accident: Driver’s disqualification increased from 3 to 5 years on appeal

Mike Desiré Laval Baldoo was wrongly inspired to have appealed against his conviction and sentence in a case of involuntary homicide by imprudence. Accused was found guilty as charged for breach of section 239 (1) of the Criminal Code coupled with sections 52 and 133 of the Road Traffic Act. He was sentenced by the Intermediate Court to pay a fine of 

Rs 75,000 and was being disqualified from holding or obtaining a driving licence with respect to all types of vehicles for a period of three years and his driving licence was cancelled and endorsed.

On appeal, Justices Prithiviraj Fekna and Mrs A.D. Narain found that the appellant should be sentenced more severely because of the gravity of the offence. In dismissing the appeal with costs, they have substituted the three years to five years from holding a driving licence.

“We believe that the right balance in this case would be simply prevent the appellant from getting behind the driving wheel of a vehicle for a longer period of time,” the appeal Bench concluded. “We accordingly increase the period of disqualification imposed by the learned Magistrate from 3 to 5 years.” The Appeal Bench added: “After the appellant was found guilty, he expressed his remorse for his acts which appears to have been one of the factors that swayed the learned Magistrate towards leniency. However, it appears that his expression of remorse was a mere façade.”

Moreover, the Appeal Bench stressed that more consideration should have been given to the victims, a young couple in this case. The young man died and the young lady had to spend one and a half months in hospital. The Appeal Bench also referred to the increased number of road accidents “which are reaching alarming proportions and which have become an unacceptable scourge in our society.” 

The fatal accident caused by the appellant occurred on 2 July 2010 at around 17:50 hours along New Link Road, Pamplemousses involving the van he was driving and an autocycle, the rider of which was Vishwadeo Deenoolall. The latter passed away as a result of multiple injuries he sustained in the accident.