R v Rae Clarke

• Jurisdiction: Caribbean States
• Judge: Morley J
• Judgment Date: 15 February 2024
• Judgment citation (vLex): [2024] ECSC J0215-1
• Year: 2024
• Court: Eastern Caribbean Supreme Court
• Docket Number: CASE SKNHCR 2023/0048

Rex

and

Rae Clarke

CASE SKNHCR 2023/0048

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

APPEARANCES

Mr Teshaun Vasquez for the Crown.

Mr Jason Hamilton, assisted by Ms Zenitaa Singh, for the defendant.

SENTENCE

For causing death of elderly man on pedestrian crossing by dangerous driving riding a motorcycle wheelie wrong way on road

Morley J

1 Rae Clarke aged 32 (dob 24.05.91) faces sentence on a plea of guilty on 04.12.23 for causing the death on 15.10.20 of Conrade Simon by dangerous driving, where mitigation with social inquiry report, and family support, was offered during 07–08.02.24, with sentence adjourned to today 15.02.24 for remarks in writing.

2 Simon was aged 85, and in downtown Basseterre he began to cross Pond road walking from north to south on the marked pedestrian crossing, at the junction just beyond Cayon street, controlled by traffic lights, where travelling east from Cayon street Wellington road turns left north east, and there is a small roundabout to navigate before continuing to proceed east down Pond road.

• a. The incident was partially captured on cctv. It was 5pm, and Clarke was traveling east on Cayon street on motorcycle PB5341, a powerful trail bike with high rear mudguard, where traffic had backed up from the traffic light. As he approached the traffic line, he saw in the distance the light turn green, and he positioned himself to overtake the stationary cars, being at least three, and as he did so, he ‘pulled a wheelie’, meaning he lifted the front wheel off the ground, riding on the back wheel only, with the front wheel, handlebars and bike bulk being raised in front of him. He overtook all the cars, which slowly began to proceed, and still pulling a wheelie he went the wrong way round the small roundabout, as the more direct route to Pond road, and with the bike pulled upwards in front of him obscuring his view he collided with Simon who was midway on the road, and who would have expected traffic to come from behind his right shoulder round the roundabout, not straight at him.

• b. Having knocked him down, Clarke came off his bike and suffered a left leg injury with bruises to his hands and feet, going to hospital, while Simon was attended by ambulance, as his right fibula and tibia were broken, right thumb too, and he was complaining of pain in his right chest side, where he had four broken ribs. He was conscious, asking for his wife Edith, who saw him at the hospital, and he underwent surgery, but became hemodynamically unstable, owing to traumatic shock and tragically died in theatre.

• c. In her victim impact statement dated 27.11.23, Edith reported the shock of losing her husband, saying ‘sometimes I feel very lonely, I do cry sometimes but what amazed me was that no one came and told me that they saw how it happened’. The funeral had cost $ 26000ec, and Clarke's parents had sought to offer a contribution of $2000ec, though the offer was thought insensitively made, while Clarke did not present himself.

• d. Suit was filed for damages on 15.10.21, being one year on and the last available day under the Fatal Accidents Act, about which this court has previously expressed the view needs updating to allow longer time. Clarke has accepted liability, but because he did not inform his insurers in proper time, they have avoided the claim, and progress on settlement has slowed owing to lawyers arguing overlong since 2022 whether a jury should decide the sum, which all seems academic as Clarke is not of means; and Clarke's lawyers have asked for documentation to justify any sum sought rather than just make an offer.

3 In the helpful social inquiry report from Khisma Huggins dated 24.01.24, much is said which is positive.

• a. Clarke has a strong close family, and is clever, with 10 CXCs, attending for two years the CFB College, where he excelled and was a prizewinner in electrical electronics, and from 2012 was at university in Trinidad where he graduated in electrical engineering, and was awarded a national electrical technician diploma, returning to St Kitts in 2019.

• b. Of the offence, he says:

  At the time of the incident I could only stand in despair at the scene before me. I hung my head knowing my actions caused pain to someone else. It was really hard for me to accept the tragic incident that took place. After realizing the mistake...