Jeremiah v Director of Public Prosecutions [2008] NRSC 9; Criminal Appeal No 1 of 2008 (15 December 2008)

IN THE SUPREME COURT OF NAURU

Criminal Appeal No. 1/2008

BETWEEN:

SQUIRE JEREMIAH &JESSE JEREMIAH
Appellants

AND:

THE DIRECTOR OF PUBLIC PROSECUTIONS
Respondents

Pres Nimes for the Appellant
Paul Bannister for the Respondent

Date of Hearing: 15 December 2008
Date of Judgement:

JUDGEMENT
(Extempore)

The appellants, brothers, were each sentenced to three months imprisonment for assault.

They had a fight with the victim who was knocked to the ground. While the victim was lying motionless they punched him in the head.

Two grounds of appeal:-

1) The sentence is manifestly excessive

2) The magistrate in considering an application for bail pending appeal should have sat as the Registrar not as the Resident magistrate

There is nothing in the second point. He was the same person viewing the application for bail whether in his capacity as resident magistrate or the Registrar. There was no one else to hear it.

As to the first point an appellate court will only interfere with sentence if it is so high as to be manifestly excessive. I cannot find this sentence to be manifestly excessive.

It may be severe, at the upper end of the scale of appropriate penalties but nothing more.

The appeals are dismissed.

ROBIN MILLHOUSE
CHIEF JUSTICE