Republic v Reue [2006] KIHC 11; Criminal Review 05 of 2005 (13 January 2006)

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

High Court Criminal Review No. 5 of 2005

THE REPUBLIC

vs

KEEN REUE

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoing Taoaba

Date of Hearing: 13 January 2006

JUDGMENT
(Ex Tempore)

The Republic has applied for judicial review of a decision by the Single Magistrate on 4 July in a prosecution for dangerous driving and driving under the influence.

The respondent pleaded guilty to both charges. On the first count the Single Magistrate sentenced the respondent to six months’ imprisonment but suspended the sentence, fined him $50 and took away his driving licence for one year. Considering that on the second count the facts did not support the defendant’s plea of guilty the Single Magistrate did not convict.

The Single Magistrate was in error in two respects. First, once a plea of guilty had been entered he was under an obligation to convict and to fix penalty. Secondly, pursuant to section 61(a) of Traffic Act the Single Magistrate had no option but to disqualify the defendant from holding a driver licence for not less than five years. He could not disqualify for less. He purported to disqualify for one year.

The application for judicial review is granted.

Order:-

(1) The disqualification of the respondent’s driver licence be increased from one year to five years.

(2) The case to be returned to the Single Magistrate to enter a conviction on count 2 and to fix penalty.

I may add that the respondent, in relation to disqualification of his driver licence, has been most unfortunate. I understand that the Maneaba ni Maungatabu has passed a Bill amending section 56 of the Traffic Act to give a discretion to a court to fix disqualification of not less than one year instead of a mandatory five years or more. The Bill is awaiting the pleasure of His Excellency Te Beretitenti. Even when given presidential assent the change in the law will not help the respondent as the amendment is not retrospective.

In all these circumstances I suggest most strongly that an application for the exercise for the prerogative of mercy be made to the intent that the suspension of licence be reduced to a period which His Excellency thinks appropriate. He may consider that to be one year.

THE HON ROBIN MILLHOUSE QC
Chief Justice