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Tokoia v Republic [2013] KIHC 4; High Court Criminal Appeal 3 of 2011 (19 February 2013)

IN THE HIGH COURT OF KIRIBATI
HIGH COURT CRIM APPEAL 3 OF 2011
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

BUKA TOKOIA
APPELLANT

AND:

THE REPUBLIC
RESPONDENT

FOR APPELLANT: BANUERA BERINA
FOR RESPONDENT: PAULINE BEIATAU
Date of Hearing: 16 November 2012

JUDGMENT

The appellant submitted two grounds of appeal against his conviction. The grounds are as follows:

- The Single Magistrate erred in law in convicting the appellant without first ascertaining whether or not the appellant agreed to the summary of facts as read out by the Prosecutor, and

- The conviction is unsafe and unsatisfactory in that the appellant was not informed of his right to Counsel.

Before hearing the appeal both Counsels made submissions first regarding the out of time issue. Apparently the appeal was filed more than 1 year after the decision, the decision was made in March 2011 and the appeal was received in Court in June 2012. The prosecution argued that because of the long delay the Court should not grant leave for the out of time. The reasons for the delay as deposed by the appellant were that his instructions for his appeal were never carried out by his previous lawyers. He deposed that he went to see a lawyer a few days after the judgment. There was nothing in the contrary to disprove this evidence therefore the Court will grant leave.

Discussion of Appeal Grounds

Counsel for the appellant submitted that the Court had failed to satisfy itself whether the appellant had agreed to the fact against him. The appellant claimed that the charge was never explained to him, that although he pleaded guilty he had never admitted to the fact. The conviction was therefore unsafe and unsatisfactory.

Counsel for the Republic argued strongly that the appeal should not be allowed as the accused had pleaded guilty. Pursuant to section 271(1) of the Criminal Procedure Code 'no appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted of such plea by a magistrates' court, except as to the extent or legality of the sentence.'

However convincing the appellant's argument is, the appeal must fail. The law is very clear that an appeal should not be allowed in a case where the accused had pleaded guilty and had been convicted of such plea.

Appeal dismissed.

Dated 19th February 2013.

...........................................
TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT