Buako v Republic [2011] KIHC 13; Criminal Review 01 of 2011 (17 January 2011)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

Republic of Kiribati
Held at Betio

High Court Criminal Review 1 of 2011

Between:

Nei Tab'aa Buako
Applicant

And:

Republic
Respondent

For the Applicant: Ms Taoing Taoaba
For the Respondent: Ms Tewiia Tawita

Date of Hearing: 17 January 2011

JUDGMENT
(Ex Tempore)

On 30 June 2010 in the Bairiki Magistrates' Court the applicant was fined $500.00 and given two months to pay. She had pleaded guilty to being in possession of a pot full of fermented yeast. It was her first offence. The fine has not been paid. The applicant complains it is too heavy for her to be able to pay it.

The maximum penalty for the offence is set out in S.8 of the Manufacture of Liquor Act. It is imprisonment for a term not exceeding two years or a fine not exceeding $2,000 or to both.

Even taking into account that this was a first offence and a plea of guilty I cannot find that the Single Magistrate's discretion in fixing penalty has miscarried. It may be a severe penalty but not so severe as to warrant interference.

That part of the application for review must fail and leaves only the question of time to pay and imprisonment in default of payment.

[Ms Taoaba takes instructions].

The applicant, the respondent not objecting, to have a further six months from today to pay the fine: in default of payment within that time the applicant to be imprisoned for two months.

THE HON ROBIN MILLHOUSE QC
Chief Justice