Republic v Kaoma - sentence [2001] KIHC 56; Criminal Case 41 of 2000 (10 July 2001)

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

High Court Criminal Case 41 of 2000

THE REPUBLIC

vs

MOTINNANG KAOMA

For the Republic: Ms Pole Tebao
For the Accused: Ms Emma Hibling

Date of Hearing: 5 July 2001

SENTENCE

Motinnang Kaoma: you are guilty of assault and of criminal trespass. Assault has a maximum penalty of 2 years' imprisonment and the criminal trespass of 3 months. I set out what happened in my reasons for convicting you. Ms Hibling has called it a lover's tiff and that may be so.

Ms Hibling tells me that you are 42 years old and now are married to your fourth or fifth wife. You have a young child by your present wife and have 6 or 7 other children as well: they live with their various mothers. You are not employed but go fishing and cut toddy: you sell what you can and the proceeds go to pay school fees.

This is by no means your first offence. The record goes back to 1975 on TabNorth. The most serious previous offences are rape in 1975 for which you were imprisoned for 2 years and assault in 1983 for which you got 3 months. Fines have been imposed for each of six other offences.

Ms Hibling has asked that I suspend the sentence of imprisonment which I have told her I will impose. I am not able to do that: your record is too bad. This is your second conviction for assault: even though that conviction and the conviction for rape were years ago I cannot ignore them.

Because your earlier conviction for assault was in 1983 I shall not set a longer term of imprisonment than last time: had that conviction been more recent I would have given you longer than 3 months.

As it is, for the assault you will be imprisoned for 3 months and for the criminal trespass one month. As both offences were part of one course of conduct, the terms of imprisonment will be served concurrently, starting from today.

Dated the 10th day of July 2001

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE