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Regina v Jian [2014] SBHC 75; HCSI CRC 249 of 2014 (30 June 2014)

IN THE HIGH COURT OF SOLOMONS
(Mwanesalua J)

REGINA

V

YAN JIAN

CRC No. 249 of 2014

Date of Ruling: 30 June 2014

REVIEW RULING

Mwanesalua J: Yan Jian was charged with one count of selling liquor without licence, contrary to section 57 (1) of the Liquor Act (Cap. 144). The Defendant pleaded guilty on arraignment and was sentenced to pay a fine of $200.00 as a first offender.

The police seized thirty-two cartons of beer from the Defendant's store at Auki, in the Malaita Province. The presiding Magistrate ordered that sixteen cartons be forfeited to the state. They were sold by public auction which yield the sum of $752.00

However, the other of the cartons of beer were ordered by the Magistrate to be kept by the Defendant but that if the Defendant sold these cartons of beer, he would be liable to serve as sentence of six months imprisonment. It seems this was to allow the Defendant to obtain a Liquor Licence.

The Magistrate imposed sentences on the defendant under section 51 (1) (b) of the Liquor Act. The view of this court is that the Magistrate made an error in doing so, because section 51 (1) (b) merely deals with Liquor brewed or distilled in premises not approved by the responsible Minister. In other words, illicit brewing and distillation of Liquor. There was no evidence that the Defendant was concerned with the sale of illegal brewed and distilled liquor. What the Defendant did was that he sold legitimate brewed beer without holding a Liquor Licence.

Whilst the Magistrate had power to order the Defendant to keep half of his cartons of beer under section 57 (1) (b) of the Liquor Act, the Magistrate must have special reasons for making such an Order. The Magistrate had failed to state reasons for making the order for the Defendant to retain half of the cartons of beer found and seized from his store.

This Court will accordingly make the following orders: (1) the sentence of six months imprisonment imposed on the Defendant be set aside; and (2) Order that cartons of beer retained by the Defendant be forfeited to the State to be sold by public auction or destroyed if they have expired for sale.

THE COURT