Rianaba v Republic [1998] KIHC 37; HCCrA 18.98 (4 September 1998)

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

HCCrA 18/98

BETWEEN:

KOTIMWA RIANNABA
Appellant

AND:

THE REPUBLIC
Respondent

Mr D Lambourne for the Appellant
Ms P Tebao for the Respondent

Date of Hearing: 4 September 1998

JUDGMENT

This is an appeal against conviction and sentence imposed on the appellant on 27 August 1998 by the Bikenibeu Magistrates' Court. The appellant pleaded not guilty to a charge of reckless driving causing death contrary to section 24(2) of the Traffic Ordinance Cap. 98. He was convicted and sentenced to imprisonment for 9 months.

The conviction is appealed on the ground that the magistrates erred in law by permitting the prosecution to proceed when such prosecution was out of time, pursuant to section 31A of the Ordinance.

Section 31A provides as follows: "No prosecution for any offence against this Act shall be commenced after the expiration of 12 months from its commission".

The offence occurred on 9 August 1995 but the charge was not brought until 30 July 1998, well over 12 months from the commission of the offence. In such circumstances section 31A operates to prohibit prosecution.

The magistrates were thus quite clearly in error in hearing a prosecution which had been brought contrary to the law.

The appeal is allowed and the conviction and sentence are set aside.

THE HON R B LUSSICK
CHIEF JUSTICE
(04/09/98)