Regina v Allardyce Lumber Company [2008] SBHC 86; HCSI-Criminal Review Case 2 of 2008 (30 June 2008)

HIGH COURT OF SOLOMON ISLANDS

Criminal Review Case No. 2 of 2008
WMC-CRC No. 120 of 2008

REGINA

V

ALLARDYCE LUMBER COMPANY

Date of Hearing: 30th June 2008
Date of Review: 30th June 2008

Sgt. Tanito for the Prosecution
Roller Tiriepa on behalf of the accused

REVIEW JUDGMENT

Faukona, J

1. The accused Allardyce Lumber Company was charged for two counts of traffic offences. Count one (1) is permitting an unlicensed driver contrary to Section 7 of the Traffic Act. Count two (2) is permitting an uninsured vehicle contrary to Section 8(1) and 8(2) of the Traffic Act.

2. A letter dated 28th April written by Roller Tiriepa on behalf of Allardyce Company admitting the offences. The Magistrates Court, Western then heard the case on 28th April 2008 and imposed a sentence of $100.00 for each count, a total of two hundred dollars ($200.00). Fines should be paid, on the same day, failure for payment Allardyce Lumber Company will be imprisoned for 100 days.

3. That is totally wrong. A court cannot imprison a Company. In cases like this where a Company is an incorporated body was an accused, and where Court decided to impose a fine sentence, in default of payment, the Court should impose a Warrant of distress and not in default of payment of a fine imprisonment. Read Section 28(1) of the Penal Code

THE COURT