Otia v The Republic [2006] KIHC 42; Criminal Appeal 04 of 2006 (28 February 2006)

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

High Court Criminal Appeal No. 4 of 2006

BETWEEN:

WIN OTIA
Appellant

AND:

THE REPUBLIC
Respondent

For the Appellant: Mr Karotu Tiba
For the Respondent: Ms Ruria Iteraera

Date of Hearing: 28 February 2006

JUDGMENT
(Ex Tempore)

Appeal and cross appeal. The appellant a first offender, was convicted on his own confession of dangerous driving. No one was injured in the incident.

The Single Magistrate suspended the appellant’s driving licence for 12 months. The appellant complains that as a first offender that was too severe. S56(1)(b) of the Traffic Act is against him. It provides for a mandatory disqualification for “not less than one year and not more than five years”. So the Single Magistrate disqualified the appellant for the minimum period.

The appeal fails.

The Republic has cross appealed because the Single Magistrate did not impose a penalty pursuant to S31 of the Act. The penalty provided for a first offender is “a fine of not more than $500 or imprisonment for not more than 1 year, or both”.

The Single Magistrate should have imposed a penalty as well as disqualifying the offender. Disqualification is in addition to penalty: it is not the penalty itself. There must be a penalty and a period of disqualification.

The cross appeal succeeds.

Ms Iteraera asked that a fine be imposed and not a term of imprisonment. Counsel cannot tell me the tariff in the Magistrates’ Court of fines for dangerous driving. I must therefore use my own discretion. I fine Win Otia $100.00. One month to pay.

THE HON ROBIN MILLHOUSE QC
Chief Justice