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Fatiga v R [2003] TVHC 16; HC Crim Case No 5 of 2003 (22 September 2003)

IN THE HIGH COURT OF TUVALU

CRIMINAL JURISDICTION

CASE NO: 5/03

BETWEEN:

MANUMANU FATIGA

Appellant

AND:

R

Respondent

James Duckworth for the Appellant
Attorney General for the Respondent

Before CJ Ward

Hearing and Judgment:
22nd September 2003

The Appellant was charged with possession of an offensive weapon whilst under the influence of alcohol contrary to s.105 (1) Alcoholic Drinks Act - 1984. The offence took place on 29th December 2001 - he was charged by the Police on 31^st January 2003.

On 28th May 2003, he pleaded guilty before the Resident Magistrates Court and was fined A$20 payable in one month in default two months imprisonment.

The Appellant appealed against sentence and conviction as the charge was filed more than six months after the commission of the offence.

S.111 Alcoholic Drinks Act 1984 provides:

A prosecution for an offence against this Act shall not be instituted more than six months after the date of the offence.

(this is a similar provision to that within s. 204 - Criminal Procedure Code for summary offences.)

The Attorney General concurred.

Judgment:

1) Appeal allowed;

2) Conviction is quashed;

3) If the appellant has paid any fine that it is returned to him.

THE COURT.