Regina v Selo [2016] SBHC 57; HCSI-CRC 37 of 2016 (5 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction

CRC No. 37 of 2016

Regina

v.

Gabi Selo

Date of Hearing: 5th May 2016
Date of Judgment: 5th May 2016

Florence J for the Prosecution
Mr Kausimae. H (N/A) for the Accused

Committal for sentence under section 208 of the
Criminal Procedure Code.

Kouhota, PJ:

On the two last mentions of this matter, I raised a concern with Counsel that the provisions of Section 208 of the Criminal Procedure Code (CPC) were not complied with. As such, my view is that no proper committal for sentence has been made to allow this court exercise its powers to deal with the accused under Section 208 (2) of the CPC.

While the High Court has jurisdiction to deal with this offence, Section 56 of the Criminal Procedure Code (CPC) provide that no criminal matter can come direct to the High Court.

Section 56 CPC states ‘The High Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings’. The section, however goes on to say ‘Provided that no criminal case shall be brought under the cognizance of the High Court unless the same shall have been previously investigated by a Magistrate’s Court and the accused person shall have been committed for trial before the High Court’

My view is that by virtue of section 56, no criminal case can come directly to the High Court unless it has gone through the process of preliminary inquiry in the Magistrate’s Court under part VII of the CPC, or through other other legal procedures such as under Section 208 of the CPC or by case stated under Section 298 of the CPC or by way of appeal or other legal referrals.

In view of the fact that no proper committal was made under section 208 of the CPC, I order that the matter be return to the Magistrate Court for the accused to be re-arraign and the provision of Section 208 of the CPC to be complied with if accused is to be committed to the High Court for sentence, otherwise the Magistrate’s Court will have to deal with the matter under its jurisdiction.

I adjourn this matter to be mentioned in the Central Magistrate’s Court on 18/8/16. Remand warrant extended.

The Court

Emmanuel Kouhota
Puisne Judge.