Republic v Wanikaie [2003] KIHC 100; Criminal Case 28 of 2003 (19 September 2003)

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

Criminal Case No. 28 of 2003

THE REPUBLIC

vs

KAITITI WANIKAIE

For the Republic: Mr Tion Nabau with Ms Melissa Kent
For the Accused: Ms Jacqueline Huston

Date of Hearing: 12 September 2003

SENTENCE

Kaititi Wanikaie: you have been found guilty of manslaughter. The facts are in my reasons for convicting you. In short you stabbed the victim when he was asleep: he bled to death.

You are 23 years old, married with a 3-year old son and another child on the way. You had lived in Utiroa village on Tabnorth since you wee 17. You have no previous convictions.

On the night of the death you and the deceased and others had been drinking. You were intoxicated but not so intoxicated as to raise the defence of drunkenness. You had a drinking problem. The most hopeful thing Ms Huston told me was that you gave up drinking alcohol a few weeks after this happened and you have not had alcohol since. In June this year you and our wife and child went to a 3-week residential treatment program at Bonriki. You are a member of AA. You have become a regular churchgoer.

It was only during submissions that I found out you had offered to plead guilty to manslaughter – you were originally charged with murder – but the Republic refused to accept the plea. The usual practice of your pleading not guilty to murder but guilty of manslaughter and the Republic refusing in open court to accept the plea was not followed. That you were prepared to plead to the offence of which you were convicted is also in your favour. Your offer was in effect a plea of guilty although apparently a late one.

What you did was a very terrible thing and means a term of imprisonment.

In your favour is your reformed way of life (please keep it up), lack of previous convictions and your rejected offer to plead guilty to manslaughter. These reduce the term of imprisonment I would otherwise have had to impose.

In fixing the term I also take into account that you have already been in custody for about three months. You are sentenced to three years' imprisonment.

Dated the 19^th day of September 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice