Republic v Taane [2008] KIHC 50; Criminal Appeal 12 of 2008 (21 October 2008)

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

High Court Criminal Appeal 12 of 2008

BETWEEN:

The Republic
Appellant

AND:

Bwanteiti Taane
Respondent

For the Appellant: Ms Ruria Iteraera
For the Respondent: Mr Giles O'Brien-Hartcher

Date of Hearing: 21 October 2008

JUDGMENT
(Ex Tempore)

The respondent was charged with Assault Occasioning Actual Bodily Harm and Criminal Trespass on 30 December 2006. It seems from the minutes that when the case came on before a Single Magistrate on 12 May 2008 the charge had been misplaced. I pause to say that there is a copy in the High Court file.

The Single Magistrate must have had a fit of impatience. She dismissed the charges out of hand. I can sympathize with the Single Magistrate’s impatience. All judicial officers feel it from time to time even though we try not to shew it. However we must never let our impatience cloud our judgment, our ability to make decisions objectively. I suggest that in this case the Court should have allowed one more chance to find the charge before dismissing it.

There are two other matters. Looking at Sections 66 to 71 of the Magistrates’ Court Ordinance there seems to be an assumption that only those convicted of offences may appeal: that the prosecution may not appeal. If it were not for Section 68 I would have been inclined to conclude that this appeal was incompetent, that the prosecution had no right of appeal. Section 68 is the answer to the inclination:

Notwithstanding anything hereinbefore contained the High Court may entertain any appeal from a magistrates’ court on any terms which it thinks just.

Secondly Mr O'Brien-Hartcher complains of the delay between the date of offence alleged and the summons. That is a point which may still be taken and an application for a stay made when the case comes on again in the Magistrates’ Court.

For the present it is sufficient to allow the appeal and to quash the decision of the Single Magistrate to dismiss the case and return it to the Magistrates’ Court for rehearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice