Republic v Tekabwebwere [2003] KIHC 27; Criminal Case 29 of 2002 (13 February 2003)

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

Criminal Case No. 29 of 2002

THE REPUBLIC

vs

TEABWABWA TEKABWEBWERE

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Aomoro Amten

Date of Hearing: 10 & 16 January 2003

SENTENCE

Teabwabwa Tekabwebwere: you have pleaded guilty to doing grievous harm on 26 October last year. You had been drinking for two days and were quite drunk. You were at home: you threatened to stab your wife. Your neighbour, himself a bit drunk, tried to calm you down. You stabbed him in the chest with a knife. He was taken to hospital and found to have a punctured lung. He has recovered.

You are 42 years old, married with four children. You have been working as a handy man at the Australian Patrol boat unit. I adjourned submissions so that Mr Amten could find out whether you would be able to keep the job. The answer is, No. The unit will no longer employ you.

You have a long list of convictions between 1968 and 1991: many of them were for offences of violence, the most serious being rape in 1977. As you had been free of convictions for over 10 years I will ignore your previous record in fixing penalty.

What you did was very bad: the consequences for the victim who was only trying to help could have been much more serious. Despite what Mr Amten said in your favour you should go to gaol. You have pleaded guilty and that is in your favour. The term will be less than otherwise.

You are sentenced to six months' imprisonment to date from 16^th January since when you have been in custody.

Dated the 13^th day of February 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE