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Ika v Republic [1976] NRSC 3; [1969-1982] NLR (D) 49 (20 May 1976)

[1969-1982] NLR (D) 49

IN THE SUPREME COURT OF NAURU

Criminal Appeal No. 19 of 1977

ALFRED IKA

v

THE REPUBLIC

20th May, 1976.

Sentence - driving a motor vehicle while unlicensed in consequence of disqualification - custodial sentence appropriate.

Appeal against a sentence of 3 months' imprisonment imposed upon his conviction for driving a motor vehicle while unlicensed in consequence of disqualification resulting from a conviction. He was found driving while so unlicensed.

Held: 9 custodial sentence is appropriate for the offence of driving a motor vehicle while unlicensed due to disqualification.

R. Degoregore for the accused.
L.D. Keke for the respondent.

Thompson CJ:

Driving a motor vehicle while unlicensed through disqualification is a serious offence. It is on record that the appellant was warned by the District Court at the time of disqualification that any such offence would be treated as serious. He chose to flout the law and take the risk. It is clear from the list of his previous convictions that he has been back in Nauru since 1970. He has a long series of convictions for driving offences, including one in 1972 for driving while his licence was suspended. In spite, therefore, of all that Mr. Degoregore has said on his behalf, I can find no grounds for treating him differently from other persons who have committed the offence of which he has beer, Convicted. The sentence imposed by the District Court is neither wrong in principle nor harsh and excessive. Indeed, I cannot see that the District Court could properly have imposed any other.

The appeal is dismissed.