Demingauwe v Republic [1976] NRSC 7; [1969-1982] NLR (D) 55 (22 October 1976)

[1969-1982] NLR (D) 55

IN THE SUPREME COURT OF NAURU

Criminal Appeal No. 100 of 1976

ANESLEY DEMINGAUWE

v

THE REPUBLIC

22nd October, 1976.

Sentence - young personas - when a fine is appropriate.

Appeal against the sentence of a fine of $100 for stealing a bicycle, by a boy aged 1.4 years. The appellant, with two other boys, stole a bicycle with the intention of taking it to pieces and putting them together with pieces from other bicycles so as to create new bicycles. He had two previous convictions and had been admonished and discharged on each occasion.

Held: A boy aged 14 years is usually unable himself to pay a fine and in principle it is unsatisfactory to impose a fine which the person concerned cannot himself pay. Nevertheless if mere admonition by the Court has been ineffective and there is a reasonable prospect of someone in the boy's family paying the fine on his behalf and in consequence putting pressure on him to behave in future, it is better to impose a fine than either merely to admonish him again or to send him to prison.

R. Degoregore for the appellant.
D. Gioura for the respondent.

Thompson CJ:

It is unsatisfactory to impose on a boy of 14 a fine which he himself cannot pay. But this boy has two previous convictions .in the last four months, one for stealing, and admonishing trim has had no effect. It was established that the bicycle was stolen in order to be cannibalised and used with other stolen bicycles to make new bicycles unrecognisable as those stolen. The offence was, therefore, planned and cannot be overlooked as a mere submission to sudden temptation. If a fine had not been imposed, the only other possible course open to the District Court would have been to send the appellant to prison. In view of his age the learned magistrate quite rightly chose not to adopt that course. While in principle it is undesirable to impose on a person a fine

Which he cannot himself pay, in this case there is no practical alternative. The Courts are entitled to have regard to the circumstances of society in Nauru with its traditions of mutual help which will doubtless result in a, relative lending or giving the money for payment of the fine - but with some harsh words for the conduct of the appellant which necessitated the payment and pressure on him to behave in future. That is likely to have more effect than any other course available at present to the Courts.

Accordingly the sentience imposed by the District Court is proper; the appeal against sentence is dismissed.