Regina v Noda [1996] SBHC 27; HC-CRC 009 of 1996 (31 May 1996)

HIGH COURT OF SOLOMON ISLANDS

Criminal Review Case No. 9 of 1996

ter">REGINA

v

FRED NODA

fore: Pae: Palmer J

Hearing: 24th & 31st May, 1996 - Ruling: 31st May, 1996

J. Faga for Prosecution - Defendant in Person

PALMER J:

Having heard J. Faga for Prosecution and Fred Noda, I am satisfied that the order for disqualification imposed by the learned Magistrate in respect of this case contained an error of law, and which warrants intervention by this Court.

The case file in the Magistrates Court was requested for review by memorandum dated 18/4/96. The file was received in the High Court on 30/4/96. The case was then listed for review in Court for 24 May 1996 at 9:30 a.m., and notices issued to the Office of the Director of Public Prosecution and the defendant giving opportunity to both parties to be heard before any review should take place. On 24 May 1996, the defendant requested an adjournment to instruct a lawyer. The matter was adjourned seven days to allow that and the case re-listed for 31 May 1996 at 1:30 p.m. on that date, the defendant advised the Court that he had seen a lawyer but was not able to secure his attendance in Court. He however, informed the Court anyway to proceed with the review. The case was reviewed accordingly on 31 May 1996,.

The accused had been charged in the Magistrates Court with the offence of driving a motor vehicle on the road whilst unfit to drive through drink contrary to section 42(1) of the Traffic Act. He was convicted on 6th February 1996 and fined $100.00. He was also disqualified for a period of 6 months. Section 28(1) of the Traffic Act however provides that:

"Where a person is convicted of an offence specified in Part I of the Schedule the Court shall order him to be disqualified for such period not less than twelve months as the court thinks ft unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified"

An offence committed under section 42(1) is included in Part I of the Schedule. I have read through the records of the learned Magistrate and have heard the defendant and Mr. J. Faga for the Prosecution, but find no evidence of "special reasons" given such as to warrant the exercise of the learned Magistrate's discretion to impose a lesser sentence than the statutory period of twelve months required under section 28(1) of the Traffic Act. I am satisfied accordingly that an error of law had been committed by the learned Magistrate. The order of disqualification for 6 months should be altered and increased to 12 months.

ORDER OF THE COURT

Order that the disqualification period of 6 months to be altered by increasing to 12 months. (The effective date for the disqualification remains the same, that is, 6th February, 1996 and will expire on 6th February, 1997).

A. R. PALMER,
JUDGE