Regina v Ramofaua [1999] SBHC 17; HC-CRC 057 of 1999 (3 March 1999)

IN THE HIGH COURT OF SOLOMON ISLANDS

CRIMINAL REVIEW CASE NO. 05799 OF 1999

REGINA

-v-

class="Mss="MsoNormal" align="center" style="text-align: center; margin-top: 0; margin-bottom: 0"> BEN RAMOFAUA

p class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> IN THE HIGH COURT OF SOLOMON ISLANDS
(PALMER J.)
CRIMINAL REVIEW CASE NO. 05799 OF 1999

HEARING: 3RD MARCH 1999

F. WALENISIA FOR PROSECUTIO BEN RAMOFAUA (ACCUSED) IN PERSON (UNREPRESENTED)

LMER J.: This is a review case brought up for review under section 47 of the Magistrates' Courts Act (Cap. 20). The accused had been convicted and sentenced in the court below for the offence of driving while disqualified under section 35(b) of the Traffic Act (Cap. 131). He was sentenced to a term of imprisonment for six months and further disqualified for a period of six months. The prison sentence is not in issue.

After passing sentence tarned Magistrate realised he had made a mistake in imin imposing only a period of six months for disqualification when Part I of the Schedule to the Act, as read with section 29 of the Traffic Act, required a minimum period of twelve months, unless for special reasons the court thinks fit to impose a lesser period or not to order disqualification. I note no special reasons were given in the court below.

In spitthis the Accused had been brought to court and given opportpportunity to be heard. He had nothing to say as expected. Accordingly the order of disqualification must be removed to this court and varied as set out in the order below.

ORDER OF THE COURT:

<

lang="EN-GB" style="font-size: 12.0pt; font-family: Times New Roman"> 1. nbsp; p;&nbbp; &nbp; DIRECT THAT THE ORDERISQUAISQUALIFICATION FOR SIX MONTHS IMPOSED BY MAGISTRATE LUZA ON 15TH JANUARY 1999 BE REMOVED INTO THIS COND ARIEDOLLOWpan>

&DISQUALIFY BEN RAMOFAUA FORA FOR 12 MONTHS WITH EFFECT FROM 19TH JANUARY 1999." [Note the date 15th January 1999 mentioned in open court was incorrect as the date of conviction. The correct date the Accused was convicted and sentenced as recorded in the Court File is the 19th of January 1999. His disqualification therefore must commence from that date.]

THE COURT