Taberanteang v Republic [1996] KIHC 20; HCCrA 13.96 (28 June 1996)

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

HCCrA 13/96

TITO TABERANTEANG

vs

THE REPUBLIC

Mr D Lambourne for the Appellant
Ms T Beero for the Respondent

JUDGMENT

The accused in this case is appealing against the sentence imposed on him by the magistrates' court of 12 month's imprisonment. This was after the accused pleaded guilty to the offence of throwing a stone contrary to section 83(a) of the Penal Code Cap. 67.

The magistrates' court at the time of the sentence was under the impression that the accused was 17 years of age. From an affidavit annexing a birth certificate handed up during the hearing of this appeal it appears that at the time of the sentence the accused was only 16 years of age. The accused has now been in custody since the 10th of April 1996.

Regardless of the magistrates' wrong impression of the appellant's age the fact of the matter is that the offence itself was certainly not a serious one. The accused threw some stones but there is no evidence of any damage to property or injury to anyone and there is no evidence either that in fact he was aiming to hit someone or something.

He has 2 previous convictions for very minor offences which are not related in any way to the offence now before the court so that in my view the sentence imposed by the magistrates' court was manifestly excessive.

The appeal will therefore be allowed. Sentence of the magistrates' court is set aside and in lieu thereof the accused is sentenced to the time already served so that he is to be released immediately.

THE HON R B LUSSICK
CHIEF JUSTICE
(28/06/96)