IN THE SUPREME COURT OF NAURU

Criminal Case No. 1/09

BETWEEN:

THE REPUBLIC

AND:

WESS TSITSI

Paul Bannister for the Appellant
Pres Nimes for the Respondent

Date of Hearing: 30 March, 2009

JUDGMENT (Ex Tempore)

The Respondent pleaded guilty to stealing as a servant. 

While considering the facts before sentencing the Resident Magistrate concluded that the prosecution had not shown all elements of the offence could be proven. He accordingly dismissed the charge.

This was an error. The Magistrate should have refused to accept the plea of guilty but entered a plea for the respondent of not guilty. If that were to be done, it would then be for prosecution to prove beyond reasonable doubt every element of the offence before there could be a conviction.

The appeal is allowed: the decision of the Magistrate in dismissing the charge is quashed: the case returned to him for rehearing in accordance with those reasons.

HON. ROBIN MILLHOUSE
CHIEF JUSTICE