Uaayan v Trust Territory [1958] TTLawRp 17; 1 TTR 418 (16 May 1958)

TRIAL DIVISION OF THE HIGH COURT

YAP DISTRICT

Criminal Case No. 168

F. UAAYAN
Appellant

v

TRUST TERRITORY OF THE PACIFIC ISLANDS
Appellee

May 16, 1958

Defendant pleaded guilty to charges of driving motor vehicle without operator's license and driving motor vehicle while under the influence of liquor, in violation of T.T.C., Secs. 812(a) and 815(a). The Yap District Court imposed fine of one dollar for former offense, carrying maximum fine of one hundred dollars, and fines of twenty-five dollars for latter offense, carrying maximum fine of five hundred dollars. On appeal, defendant cited error in court's denial of motion to dismiss and in imposing cruel and unusual punishment. The Trial Division of the High Court, Associate Justice Philip R. Toomin, held that complaint was proper when constable signing it had personal knowledge of the crime, and that punishment was moderate and well within court's discretion.

Affirmed.

1. Criminal Law—Complaint

Criminal complaint signed by member of Constabulary, not made on information and belief but upon personal knowledge of affiant, is proper under Rules and Regulations of Constabulary.

2. Criminal Law—Complaint—Warrant of Arrest

Anyone who desires issuance of warrant of arrest for criminal offense may personally appear and make complaint before some official authorized to issue warrant. (T.T.C., Sec. 448)

3. Criminal Law—Complaint—Warrant of Arrest

If criminal complaint states essential facts constituting criminal offense, official is authorized to issue warrant of arrest. (T.T.C., Sec. 448)

4. Criminal Law—Complaint—Defect

After plea of guilty is entered in criminal proceedings, it is doubtful whether objection as to signing of complaint is still available to defendant, since by pleading guilty defendant waives all defenses other than that indictment charges no offense.

5. Criminal Law—Complaint—Defect

Where criminal complaint charges in appropriate language offenses to which defendant has pleaded guilty, objection made in motion to dismiss in regard to signing of complaint has been waived, even if objection had merit.

6. Criminal Law—Sentence

Where punishment which could have been imposed on defendant in criminal proceedings was twenty times as great as was imposed on him, and he could have been imprisoned for term of one year, punishment of fine only was moderate and well within discretion of District Court.

7. Criminal Law—Sentence—Comparison with Prior Sentences

District Court is not required to treat two criminal defendants alike, as court has right to consider other factors besides similarity between two defendants and their offenses in imposing punishment.