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R v Tauohu [2020] SBHC 106; HCSI-CRC 234 of 2020 (22 July 2020)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 234 of 2020

REGINA

V

GERARD TAUOHU

Date of Ruling: 22 July 2020

Tovosia R B for Applicant
Auga JL for Respondent

RULING ON BAIL APPLICATION

Maina PJ:

An application for bail was filed in the High Court by the applicant counsel on 25^th May 2020.

The Applicant is seeking the following reliefs:

1. That the applicant be granted bail on bail conditions to be imposed.

At the outset there is no pending case for this applicant before this court nor an appeal against any refusal to grant bail in the Magistrate court.

The Law

Section 106 of the Criminal Procedure Code (CPC) provide:

Bail in certain cases
“Section 106 - (1) Subject to the provisions of section 23 where any person, other than a person accused of murder or treason, is arrested or detained without warrant by a police officer or appears or is brought before a court and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such court to give bail, such person may in the discretion of the officer or court be admitted to bail with or without a surety or sureties.
(2) The amount of bail shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(3) Notwithstanding anything contained in subsection (1), the High Court may in any case direct that any person be admitted to bail or that the bail required by a Magistrate's Court or police officer be reduced”.

Beside the law on bail quoted by the counsel for the applicant, this application is vague in the sense that the relevant background or matter for consideration is in the verb submission by applicant’s counsel that the accused was arrested on 30^th March 2020. He is charged for operating without proper licence and 32 counts of false pretences. Up until now no charges have been laid against the accused. Accused have been in custody for about three months. Also in the sworn statement by the accused that he was refused bail by the magistrate court and come to this court seeking a bail again. Accused has been in custody for about three months and seeks bail

In the record, it appears just an application for bail before this court.

What seems to be clear is the charges is before the magistrate court and bail had been refused by that court and this is not an appeal from the refusal by the magistrate court. It is an application by the accused to seek the bail on the charges pending before the magistrate court.

This raises an issue on how an application for bail on a charge before magistrate be brought to this court.

Section 106 (1) of the CPC is that other than a person accused of murder or treason, at any stage of the proceedings before such court to give bail, such person may in the discretion of the court be admitted to bail with or without a surety or sureties. And so if the bail is refused the accused can appeal to this court for the refusal of the bail. It is also essential to note that accused can come back to the magistrate court to apply for bail if the circumstance changes.

The High Court by subsection 3 of section 106 of the CPC, may in any case direct that any person be admitted to bail or that the bail required by a Magistrate's Court or police officer be reduced. However that application cannot be entertained as a person charged with accused of murder or treason, otherwise from appeal. And as noted earlier the accused can come back and apply to the magistrate court which the charges and when the circumstances changes.

This application is misconceived and therefore dismissed.

THE COURT
Justice Leonard R Maina
Puisne Judge