Republic v Kaiue [2003] KIHC 96; Criminal Case 02 of 2003 (11 August 2003)

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

Criminal Case No. 2 of 2003

THE REPUBLIC

vs

IOBORAU KAIUE

For the Republic: Ms Melissa Kent
For the Accused: Ms Jacqueline Huston

Date of Hearing: 8 August 2003

SENTENCE

Ioborau Kaiue: you have pleaded guilty to causing grievous bodily harm. That is a crime which carries a maximum penalty of five years' imprisonment.

You and the victim, Bakabura, had been diving for lobster in October 2001 near Kanton. You and he were given six cans of beer each. Round about mid-day on 12 October you were drinking them and a drunken argument developed between you. It turned into a fight. You had a small knife and stabbed Bakabura three times in the back: one stab an inch away from the right lumbar region was serious and deep and exposed the muscle. The medical assistant stitched all the wounds. She said Bakabura was in a lot of pain.

Ms Huston told me you and Bakabura are still good friends. It was a very nasty thing to do to a friend.

You are married with two children, aged 7 and 5. You live on Kiritimati.

You have pleaded guilty and that means the sentence will be less than it would have been if the Court had found you guilty. You have two previous convictions: they are similar offence, drunk and disorderly in 1998 and common assault in 2001, but not as serious as causing grievous bodily harm.

You are imprisoned for six months. The sentence is suspended on your promising to be of good behaviour for two years.

It means that if you do not commit any other offence in the next two years you will not have to serve in gaol this six months. If you do commit another offence in the next two years then you will be punished for that and also be liable to go to gaol for this six months as well.

Do you understand? Do you agree?

Dated the 11^th day of August 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice