Bale v The State [2001] FJHC 38; HAR0001j.2001s (22 June 2001)

Fiji Islands - Bale v The State - Pacific Law Materials

IN THE HIGH COURT OI

AT SUVA

REVISIONAL JURISDICTION

CRIMINAL REVIEW NO: HAR 001/01

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BETWEEN:

MATEO BALE; and

NAISA CAKACAKA

Applicants

AND:

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THE STATE

Respondent

Mr Naipote Vere for Applicants

Ms Lynda Tabuy the State

Hearing: 15th June 2001

Judgment: 22nd June 2001

JUDGMENT

;

The two Applicants are mini-bus drivers who have been convicted with numerous traffic offences. The 1st Applicant was charged with 58 traffic offences and sentenced to total fines of $3,329.50 in default 1809 days imprisonment. The 2nd Applicant was fined for 37 traffic offences, a total of $2,305.50. The matter was referred to the High Court in its revisionary jurisdiction, with a view to obtaining their release. At the time of hearing, the 1st Applicant had served a total of 6 months imprisonment, and the 2nd Applicant 3 months and 11 days imprisonment.

At the hearing of the application, Mr N. Vere for the Applicantsed on the decisions of Scott J in Eroni Delai -v- The State (HBM 15/2000) and) and In the Matter of Savenaca Komai HBM 40/2000. State Counsel conceded that the detention of both Applicants was inappropriate and suggested that they be released immediately.

I released both Applicants by reducing the sentence served in default of non-payment of fines to 6 months and 3 months 11 days imprisonment rent respectively. I said that my reasons would be delivered on 22nd June 2001.

These are the reasons. In Eroni Delai (supra) the grounds for an application for the release of the Applicant were identical to those before me. In that case Scott J found that a total term of 12 years imprisonment for 93 unpaid fines totalling $5,754.00 was totally out of proportion to gravity of the offending. At page 4 he said:

“It is abundantly plain and obvious that a man who parks his van illegally or uses his private vehicle as a taxi should not be required to serve a 12 year term of imprisonment. The Applicant had, by April 2000, already served 6 months imprisonment. Further imprisonment would clearly be unjust.”

The problem appears to be partly or wholly caused, as Scott J pointed out, in the accumulation of warrants of execution of unpaid fines by the Magistrate’s Courts and the police. It is hoped that steps have now been taken to ensure that such accumulation does not occur.

For the purposes of this case, the sentences to be served in default of payment of fines is reduced to 6 s and 3 months and 11 days days for the two Applicants respectively.

Nazhat Shameem

JUDGE

At Suva

22nd June 2001

Har0001j.01s