Republic v Mereke [2013] KICA 13; Criminal Appeal 04.2013 (23 August 2013)

IN THE KIRIBATI COURT OF APPEAL
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Appeal No. 4 of 2013

BETWEEN

THE REPUBLIC
APPELLANT

AND

MAUNGA MEREKE
RESPONDENT

Before: Paterson JA
Blanchard JA
Handley JACounsel: Taburuea Rubetaake for appellant
Abuera Uruaaba for respondent
Date of Hearing: 20 August 2013
Date of Judgment: 23 August 2013

JUDGMENT OF THE COURT

INTRODUCTION

1. The Republic wishes to appeal against a decision of the Chief Justice Sir John Muria when he sentenced Mr Mereke on a conviction of careless driving causing death. It requires leave to do so as it is out of time.

Mr Mereke opposes the application for leave.

2. The ground for the appeal, if leave is granted, is that section 56 of the Transport Act 2002 requires a sentencing judge to cancel the offender's driving licence.
   
3. Mr Uruaaba for Mr Mereke accepted that if leave is granted, the provisions of section 56 apply.
   

THE LEAVE APPLICATION

4. Leave is given to appeal out of time. The notice of appeal was prepared within the time limit but through a clerical error the filing of it within time was overlooked. The delay in filing has not delayed the hearing of the appeal and the delay was not in itself substantial.
   

THE APPEAL

5. As conceded by counsel for Mr Mereke, s.56 of the Transport Act 2002 (as amended in 2005) provides that where a court convicts a person of a serious traffic offence "the court must cancel the person's driving licence and must disqualify the person from holding a driver licence for a period of not less than 1 year".
   
6. This offence was a serious offence. The term "serious offence" is defined in s.4(1)(e) of the Transport Act 2006 as including the offence of careless driving causing death. Thus the sentencing judge was obliged to impose a period of disqualification of not less than one year.
   
7. The issue for this Court is the length of the cancellation. Mr Mereke was sentenced to 18 months imprisonment from 18 October 2012. He was eligible for parole on 17 July last. If the cancellation were to be for 12 months from the 18th October 2012 the practical effect would be a cancellation of no more than three months.
   
8. In the circumstances, this Court is of the view that the appropriate disqualification is for a period of one year commencing on 18 July 2013.
   

RESULT

9. The appeal is allowed and the sentence is varied by adding that in addition to the period of imprisonment of 18 months Mr Mereke's driving licence is to be cancelled as at the date of this judgment and he is disqualified from holding a driver licence for a period of 12 months from 18 July 2013.
   

Paterson JA

Blanchard JA

Handley JA