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Bainana v Republic [1998] KIHC 38; HCCrA 17.98 (4 September 1998)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HCCrA 17/98

BETWEEN:

TEUNEKE BAINANA
Appellant

AND:

THE REPUBLIC
Respondent

Mr D Lambourne for the Appellant
Ms P Tebao for the Respondent

Date of Hearing: 4 September 1998

JUDGMENT

This is an appeal against conviction and sentence imposed on the appellant on 24 August 1998 by the Bairiki Magistrates' Court. The appellant pleaded guilty to a charge of reckless driving causing death contrary to section 24(2) of the Traffic Ordinance Cap. 98. He was convicted and sentenced to imprisonment for 6 months.

The conviction is appealed on the ground that the magistrates erred in law by permitting the prosecution to proceed when such prosecution was out of time, pursuant to section 31A of the Ordinance.

Section 31A provides as follows: "No prosecution for any offence against this Act shall be commenced after the expiration of 12 months from its commission".

The offence occurred on 26 January 1995. Unfortunately, the charge sheet cannot be found. Searches by the Court Clerk and of the Police file have come up with nothing. However, Counsel for the Republic concedes that the prosecution was brought more than 12 months from the date of the commission of the offence. In such circumstances section 31A operates to prohibit prosecution.

The magistrates were thus quite clearly in error in hearing a prosecution which had been brought contrary to the law.

The appeal is allowed and the conviction and sentence are set aside.

THE HON R B LUSSICK
Chief Justice
(04/09/98)