Republic v Naburita [2003] KIHC 76; Criminal Case 26 of 2002 (5 June 2003)

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

Criminal Case No. 26 of 2002

THE REPUBLIC

vs

KANETA NABURITA

For the Republic: Ms Melissa Kent
For the Accused: Mr Aomoro Amten

Date of Hearing: 2 June 2003

SENTENCE

Kaneta Naburita: you have pleaded guilty to causing grievous bodily harm.

On 14 August last year you were riding your motorbike through Ambo. Some children were playing by throwing bits of tar from the roadway across the road to each other. You thought the victim, a little boy of 8, was going to throw the tar at you. You swerved and nearly fell: you got off the bike and assaulted the boy. You slapped him across the face. You kicked him on the chin. When he tried to run away you chased him and threw him on the ground. You punched him and pulled his hair. You bashed his head into the ground. He was knocked unconscious. At the hospital it was found he had a broken jaw, black eye and some broken teeth.

This was disgraceful and cowardly conduct: you a grown man and a little child of 8. I cannot see that your wife's pregnancy and approaching confinement had anything to do with it, despite Mr Amten's submissions.

No doubt what the boy and his friends were doing was aggravating, maybe even dangerous but it did not justify you in over-reacting in the way you did.

You are 26 years old, married with one child. You are part of an extended family and live a subsistence life style. Mr Amten implied in his submissions that your wife had to give up her job at Air Kiribati because of the anger of the boy's family. His relatives wrecked your motorbike. You have one previous conviction, drunk and incapable five years ago. I ignore it in sentencing.

You have pleaded guilty and that means you will not be punished as severely as if you had been found guilty after a trial.

Nevertheless you should serve time in prison. You will be imprisoned for six months to run from last Friday 30 May when you went into custody.

Dated the 5^th day of June 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE