A 23-year-old man who caused the death of a 13-year-old boy while driving a heavy truck without a licence has been jailed for three years and five months by the High Court in Suva.
In sentencing Jotame Tokaituvana Lagilagi, Justice Daniel Goundar said the court had to send a strong message about the dangers of reckless and unlicensed driving.
The charges stemmed from a fatal crash along Princess Road, Tacirua, on November 25, 2024, in which 13-year-old Mosese Vulavula suffered catastrophic head injuries and later died at the CWM Hospital.
The court heard that Lagilagi, then aged 22, had unlawfully taken over driving a 3.5-tonne Extra Supermarket truck despite not holding a valid licence. His learner’s permit had expired about two years earlier.
Justice Goundar said Lagilagi drove at speed around a bend, lost control on loose gravel and swerved into the oncoming lane before crashing into the Vulavula family vehicle.
“The combination of speed, inexperience and the loss of control on loose gravel created a plainly dangerous situation that any reasonable driver would have recognised as carrying a high risk of serious harm to other road users,” Justice Goundar said.
The judge said the offender’s conduct showed a serious disregard for public safety.
“Your recklessness lies in your conscious decision to drive when you knew you were unlicensed, and to continue driving a heavy vehicle on a winding public road despite the obvious risks,” he said.
The court noted that Mosese was lawfully seated in his father’s vehicle when the truck struck the rear passenger side where he was sitting. Witnesses described horrific injuries, including exposed brain tissue.
Justice Goundar said the loss suffered by the child’s family could never be fully addressed by any court sentence.
“Mosese’s life cannot be restored and no sentence this Court can impose will ever match the loss suffered by his family,” he said.
The judge stressed that drinking and dangerous conduct at workplaces and on public roads could not be tolerated, while also recognising the offender’s youth, remorse and guilty plea.
Lagilagi pleaded guilty to one count of manslaughter and one count of driving without a valid licence.
Justice Goundar adopted a starting sentence of six years imprisonment for manslaughter before reducing the term for mitigating factors, including Lagilagi’s guilty plea, cooperation with police, remorse and lack of previous convictions.
The court ultimately imposed a sentence of three years and five months imprisonment, with a non-parole period of two years and six months.
Lagilagi was also disqualified from obtaining or holding a driver’s licence for three years after his release from prison.
