Willie v Republic [2008] KIHC 68; Criminal Appeal 22 of 2008 (26 November 2008)

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

High Court Criminal Appeal 22 of 2008

BETWEEN:

Tiaon Willie
Appellant

AND:

The Republic
Respondent

For the Appellant: Mr Raweita Beniata
For the Respondent: Ms Pauline Beiatau

Date of Hearing: 26 November 2008

JUDGMENT
(Ex Tempore)

The appellant a bus driver was for more than the tenth time caught speeding. He was charged and pleaded guilty. The Single Magistrate suspended his licence for six months but did not impose any other penalty. Ms Beiatau has pointed out that under Section 34 of the Traffic Act the appellant could have been fined as well up to $500. Luckily for him the Single Magistrate did not impose a fine.

Section 56 of the Act:

Subject to s.5(3) When a court convicts a person of an offence against this Act, the court may:

(a) suspend the person’s driver licence for a period of up to 12 months.

That is the power which the Single Magistrate exercised to suspend the appellant’s licence. It is a power to suspend in addition to any other penalty. The ground of appeal that the Single Magistrate had "no power to make such a sentence" fails.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice