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Tauroba v Republic [2008] KIHC 65; Criminal Appeal 21 of 2008 (18 November 2008)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Appeal 21 of 2008

BETWEEN:

Mannaua Tauroba
Appellant

AND:

The Republic
Respondent

For the Appellant: Ms Kiata Kabure
For the Respondent: Mr David Lambourne, Solicitor General

Date of Hearing: 18 November 2008

ORDER
(Ex Tempore)

Appeal against sentence. The appellant pleaded guilty to common assault and criminal trespass. The victim of each offence was a young woman, one aged 23, the other 30. The appellant was sentenced to two weeks’ imprisonment on the first count and two months’ imprisonment on the second.

Ms Kabure complains that his constitutional rights were infringed: he was not given a chance to have legal advice. He was arrested, brought before the Court the next morning and dealt with. This is the usual practice in the Magistrates’ Court. I reject Ms Kabure’s submission.

The imposition of penalty involves the exercise of a discretion by the Single Magistrate or the magistrates. An appeal court is unwilling to interfere unless the Single Magistrate or magistrates have made some obvious mistake in exercising the discretion – imposing a penalty either obviously too high or obviously too low. The Single Magistrate has made no obvious mistake in exercising the discretion in this case. The penalties imposed should remain.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice