In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Appeal No. 3 of 2004

Teretati Teree

vs

The Republic

For the Appellant: Ms Jennifer Troup
For the Republic: Ms Eveata Maata

Date of Hearing: 2 September 2004

JUDGMENT

On 31 August the appellant was convicted in the Magistrates’ Court of speeding. He admitted driving a bus at 80 kph in a 60 khp zone: he was exceeding the speed limit by 20 kph. This was his second offence and attracts a penalty of $40.00 pursuant to section 48 of the Traffic Act. Instead of imposing that fine the Single Magistrate activated a suspended sentence of six months’ imprisonment which had been imposed on 29 April. The present offence was committed on 23 April, before the suspended sentence was imposed. Pursuant to section 44(1) of the Penal Code it was not open to the Single Magistrate to activate a suspended sentence imposed after the commission of the offence with which he was dealing. Section 44(1) reads in part, “….unless, during a period specified in the order, ------- the offender commits another offence punishable with imprisonment”. This offence had been committed before the period of suspension was imposed. Moreover this offence was not punishable by imprisonment and so was not an offence which could activate the suspended sentence.

The Single Magistrate’s order is quashed. In lieu the appellant is convicted and fined $40.00.

Two weeks to pay: in default of payment seven days’ imprisonment.

Dated the 2nd day of September 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice