Arinteuea v Republic [2022] KIHC 9; Criminal Appeal 5 of 2017 (18 February 2022)

IN THE HIGH COURT OF KIRIBATI 2022

Criminal Appeal No. 5 of 2017

[BWENEA ARINTEUEA APPELLANT
[
BETWEEN [AND
[
[THE REPUBLIC RESPONDENT

Before: The Hon Chief Justice

18 February 2022

Mr Beniata for the Appellant
Ms Nemta for Respondent

JUDGMENT OF HASTINGS CJ

[1] The appellant has applied for an extension of time to file an appeal against conviction and sentence. On 16 June 2016, she was convicted in the Magistrate's Court of driving without a licence and fined $100. She only found out about the Court date from her father-inlaw nine months later. She swore in her affidavit that she was not in Court that day because she received no summons.
[2] The prosecution did not produce evidence of a summons and conceded there is no proof that the appellant knew to come to Court that day.
[3] In these circumstances, Ms Nemta responsibly did not oppose Mr Beniata's application to extend time. The application is granted.
[4] Mr Beniata also submitted that the Magistrate did not comply with s 149(1) of the Criminal Procedure Code because "the decision of the Court did not contain points of determination and reasons for the decision." The substance of the judgment was not explained as required by s 149(1). Mr Beniata also submitted that the fine imposed was manifestly excessive.
[5] The appellant was absent from Court on 16 June 2016 "from causes over which he had not control" in terms of s 191, which gives the Court discretion to set aside this conviction. The appellant had no opportunity to defend the charge.
[6] For these reasons the appeal is allowed. The conviction and fine are quashed and the matter is referred back to the Magistrate's Court for a new trial.

Dated the 18^th day of February 2022

HON. WILLIAM KENNETH HASTINGS
CHIEF JUSTICE