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Raramo v Regina [2006] SBHC 67; HCSI-CRAC 491 of 2005 (24 March 2006)

HIGH COURT OF SOLOMON ISLANDS

Criminal Appeal Case No: 491 of 2005

JOHN RARAMO

-V-

REGINA

Date of Hearing: 24/11/05
Date of Judgment: 24/03/06

For Appellant: Ms. K Anderson
For Respondent: Mr. P Bannister

JUDGMENT

Naqiolevu J. The appellant appeals against sentence imposed by the Magistrate Court in the Malaita Province on the 10th of August 2005.

The appellant had pleaded guilty to the following counts –

1. Count 1 Prohibition of unauthorized sale of liquor contrary to section 57(1) of the Liquor Act.

2. Restriction on making liquor contrary to section 50(2) of the Liquor Act.

There is no appeal in relation to the sentence for the second count.

The matter of the appeal is similar in nature and circumstances to the case of Morris Au-v- State CRC 490 of 2005 in that the Learned Magistrate had imposed a sentence which is contrary to the provisions of the Liquor Act.

Section 57(1)

"Any person who sells liquor without holding a licence authorising the sale thereof shall be guilty of an offence and shall be liable:-

(a) for a first offence to a fine of $200; and

(b) for a second or subsequent offence to a fine of $400 or to imprisonment for one year or to both such fine and such imprisonment."

It is clear from the provision of the Act that a Magistrate can only impose a fine for a conviction to a first offender. Imposition of a term of imprisonment is not an option. The court record in the Magistrates Court reveal the appellant has no previous conviction therefore he is a first offender.

There is no doubt that the Learned Magistrate had imposed a sentence that is beyond the provision of section 57(1) of the Liquor Act. The law is clear and Magistrates must apply the provisions of the law. The Constitution furthermore forbids the imposition of a penalty in access of the maximum penalty prescribed by law.

Constitution

Section 10(4).......

"no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time it was committed." Underlining mine.

Magistrates are creatures of statute and must only apply the law as prescribed in the statute. It is clear that the Learned Magistrate has gone beyond his power and therefore the sentence imposed is unlawful. I am required by law to set aside the sentence imposed for being beyond jurisdiction and therefore unlawful.

ORDER

The sentence imposed in relation to Count 1 is hereby set-aside.

THE COURT