Reiti v Republic [2003] KIHC 148; Criminal Appeal 03 of 1999 (17 November 2003)

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

HIGH COURT CRIMINAL APPEAL 3 OF 1999

BETWEEN:

BURAING REITI
APPELLANT

AND:

THE REPUBLIC
RESPONDENT

FOR THE APPELLANT: MR AOMORO AMTEN
FOR THE RESPONDENT:NO APPEARANCE

DATE OF HEARING: 17 NOVEMBER 2003

JUDGMENT
(Ex Tempore)

The appellant complains only that he was given no chance to say anything in mitigation of penalty: contrary to the impression given by the ground of appeal, the complaint is not against conviction but against penalty. It all happened over four years ago. The victim was an old lady: the appellant should pay some penalty for throwing a stone at her. Mr Amten does not now make submissions on penalty but is content with my indication of a reduction in penalty from $25.00 to $5.00.

Appeal allowed: conviction confirmed but fine reduced to $5.00 month to pay: in default imprisonment for one day.

THE HON ROBIN MILLHOUSE QC
Chief Justice