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Agigo v Republic [1978] NRSC 5; [1969-1982] NLR (D) 64 (13 January 1978)

[1969-1982] NLR (D) 64

IN THE SUPREME COURT OF NAURU

Criminal Appeal No. 19 of 1977

SKAY AGIGO

v

THE REPUBLIC

13th January, 1978.

Drinking under age - sentence - imprisonment.

Appeal against a sentence of three months imprisonment with hard labour for drinking alcoholic liquor under the age of 21 years. The appellant had been convicted on four previous occasions for similar offences and fined.

Held: As he persisted in committing such offences in spite of the previous convictions and fines, a sentence of imprisonment was appropriate, but it should be for a short period. Sentence reduced to 2 weeks' imprisonment with hard labour.

P.H. MacSporran for the appellant.
D.G. Lang for the respondent.

Thompson CJ:

The appellant has four previous convictions for a similar offence. The fact that on three of those occasions he was also convicted of breaches of the peace indicates the dangers of under-age drinking, both to the character of the young people concerned and to Nauruan society. As he has not reformed as the result of previous convictions and fines, the District Court had no real option (in the absence of an approved school or other reformatory institution for young persons and young adults) but, to impose a prison sentence. However, I consider 3 months too long a period; it is wrong in principle where the offence is the first for which the offender is suffering imprisonment.

The appeal is, therefore, allowed; the sentence is set aside and a sentence of 2 weeks' imprisonment with hard labour is imposed.