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Anterea v Republic [1998] KIHC 56; HCCrA 27.98 (16 November 1998)

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

HCCrA 27/98

BETWEEN:

TANETI ANTEREA
Appellant

AND:

THE REPUBLIC
Respondent

Ms F Fleer for the Appellant
Ms P Tebao for the Respondent

Date of Hearing: 16 November 1998

JUDGMENT

The appellant pleaded guilty in the magistrates' court to a charge of reckless driving contrary to section 24(1) of the Traffic Ordinance Cap. 98. The maximum penalty for that offence where a death has not occurred is a fine of $200 and imprisonment for 1 year. The magistrates sentenced the appellant to 3 month's imprisonment and disqualified him from driving for a period of 1 year. That sentence is appealed on the ground that it was manifestly excessive.

It was submitted on behalf of the appellant that the facts of the offence placed it towards the lower end of the scale for offences of that nature. In my view, that submission cannot be maintained. If anything, the facts place this offence towards the upper end of the scale.

The facts were that just prior to the accident occurring, the appellant was driving a car at speed. He attempted to overtake 2 vehicles at once. The vehicle directly in front of him was a mini bus and the vehicle in front of that was a motorcycle. As the appellant commenced to overtake the motorcycle was executing a turn into a shop. The appellant's driving at that stage obviously was very reckless. He should have seen that it was unsafe to overtake. There was not only a mini bus in front of him but also a motorcycle. That did not stop him. He commenced to overtake and as a result caused a collision with the motorcycle which was carrying two persons. That motorcycle then went out of control and collided with a pedestrian. I am told that the people on the motorcycle were not seriously injured. However, the facts were that the pedestrian suffered a broken limb which was a leg or a foot. Furthermore, the damage to the motorcycle was estimated at $1,750 which is quite a high amount of damage, particularly when one considers the average wage in Kiribati.

The magistrates were confronted with those facts which as indicated were serious. The magistrates were also confronted with a claim by the prosecution that the statistics for road accidents were on the increase. In view of the high degree of recklessness, the fact that at least one person was seriously injured and the high amount of damage caused to the motorcycle, it cannot be maintained in my view that the sentence was manifestly excessive. The magistrates were well within their discretion in imposing such a sentence.

It follows that the appeal must fail and is dismissed accordingly.

THE HON R B LUSSICK
CHIEF JUSTICE
(16/11/98)