Celis v Trust Territory [1967] TTLawRp 2; 3 TTR 237 (12 January 1967)

3 TTR 237

IGNACIO CELIS, and DOROTHEO AGUON,
Appellants

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Case No. 208
Trial Division of the High Court
Mariana Islands District

January 12, 1967

Defendants were convicted in Mariana Islands District Court of petit larceny in violation of T.T.C., Sec. 397. On appeal, defendants contend they were misled into pleading guilty by complaining witness who had forgiven them and to whom they had made restitution. The Trial Division of the High Court, Chief Justice E. P. Furber, held that decision to prosecute is in discretion of government; that restitution is matter to be considered by court in connection with sentence; but that court had no discretion to treat fifteen-year-old offender as adult.

Modified and remanded.

1. Criminal Law - Discretion to Prosecute

Under present state of Trust Territory law, decision of whether government should go ahead with prosecution contrary to wishes of complaining witness or injured party is left to discretion of prosecuting officials.

2. Criminal Law - Discretion to Prosecute

Courts have no right to interfere with prosecutor's decision to go ahead with prosecution, although consent of court is necessary for dismissal.

3. Criminal Law - Discretion to Prosecute

Relief from situation where criminal defendant has made restitution and complaining witness has forgiven defendant must depend on action by either executive or legislative branch of government and is beyond sphere of courts under present state of law.

4. Criminal Law – Sentence - Restitution

Restitution is matter which courts can properly consider in connection with matter of sentence in criminal cases.

5. Larceny - Petit - Sentence

In conviction for petit larceny, where one defendant is fifteen years old and other defendant has made restitution, and neither has previous criminal record, sentences of four months imprisonment with all except first two and one half months suspended, are high. (T.T.C., Sec. 397)

6. Criminal Law - Sentence

It is highly improper in sentencing accused in criminal case on plea of guilty to one crime to consider possibility he may have committed some other more serious crime with which he has not been charged and against which he has had no opportunity to defend himself.

7. Larceny – Petit - Age

Fifteen-year-old defendant is competent under Trust Territory law so far as age is concerned to commit crime of petit larceny. (T.T.C., Sec. 432)

8. Criminal Law - Juveniles

Fifteen-year-old defendant in criminal case has absolute right to be tried with protections accorded juvenile offender. (T.T.C., Sec. 495)

9. Criminal Law - Juveniles

Court in criminal proceedings has discretion to treat offender sixteen years of age or over in all respects as adult if in opinion of court his physical and mental maturity so justifies, but court has no such discretion as to fifteen-year-old offender. (T.T.C., Sec. 495)