Teikarawa v Republic [1996] KIHC 18; HCCrA 08.96 (28 June 1996)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HCCrA 8/96

TOONGA TEIKARAWA

vs

THE REPUBLIC

Mr D Lambourne for the Appellant
Ms T Beero for the Respondent

JUDGMENT

The appellant pleaded guilty in the magistrates' court to a charge of criminal trespass and was sentenced to 4 months' imprisonment and a residence order was made that he reside on Nonouti to finish his term of imprisonment. The appellant has in fact served his term of imprisonment on Betio but has not been removed to Nonouti pending the outcome of this appeal.

The sentence having already been served the only point of contention now is the residence order. The only evidence before the magistrates' court that the appellant was connected with Nonouti was the fact that Nonouti was given as his address on the charge sheet. The record, however, does not show any other evidence that Nonouti is the island of origin of the appellant or his usual place of residence. The magistrates should have allowed the appellant to address the court on this particular point. According to the record he was never given the opportunity to speak on the residence order. I regard that as a miscarriage of justice. Had he been given a chance to address the court as to his correct island of origin and place of permanent residence he would no doubt have told the court that Nonouti was a mistake.

There is now before this court an affidavit in which the appellant deposes that he was in fact born in South Tarawa and that that is his place of permanent residence. This is something the magistrates court would have learned had they given the appellant a chance to address them.

The sentence of the magistrates court will accordingly be set aside as regards the residence order.

THE HON R B LUSSICK
CHIEF JUSTICE
(28/06/96)