Republic v Tautika [2004] KIHC 139; Criminal Case 13 of 2004 (10 June 2004)

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

High Court Criminal Case No. 13 of 2004

THE REPUBLIC

vs

TEANNAKI TAUTIKA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Taoing Taoaba

High Court Criminal Case No. 24 of 2004

THE REPUBLIC

vs

UEANTEITI TERAKORO

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Jennifer Troup

Date of Hearing: 8 June 2004

SENTENCE

Teannaki Tautika and Ueanteiti Terakoro: you were each charged, on separate indictments with Assault Occasioning Grievous Bodily Harm. You each pleaded guilty when arraigned. It was only when I began hearing submissions by your lawyers that I realized the charges arose out of the same incident. Each of you had caused the grievous bodily harm to the other.

The incident was on 12^th September 2003 at Bubutei village here in Maiana. The day before your father Ueanteiti asked you, Teannaki, if he could use a double canoe which you had from the CPP. You refused. This caused the quarrel. Between six and seven in the morning, you, Ueanteiti were going home on your bicycle after cutting toddy. As you Ueanteiti were riding past Teannaki's buia you, Teannaki, came out holding a bush knife. You, Ueanteiti, got off your bike: you had a toddy knife. There may have been some gestures between you. You fought. Your knives caused each other nasty injuries. The medical assistant described them:

Teannaki Tautika:

..... 3 wounds on abdomen. One near umbilicus which is 6 cm long, 1 cm deep, the other 2 were just breakage of the skin and both 4 cm long. His wound near his umbilicus was covered with soaked gauze of normal saline and hold with plaster. Wounded by a sharp object as they were smooth and not lacerated.

Ueanteiti Terakoro:

.....bleeding wound on the left side of the back of his head – 4 cm long, 1.5 cm deep. Injected with plain lignocaine 2% and closed with 7 stitches of black silk. Another wound on outer side of left hand below his little finger – just skin peels off, so skin put back and held on by dry gauze and plaster. Wounds were smooth, not lacerated.

It was inappropriate for both of you to be charged with Assault Occasioning Grievous Bodily Harm. One of you was the aggressor and the other the victim. The appropriate charge would have been fighting which is forbidden by Section 28 of the Public Order Ordinance.

At first I wondered whether to accept your pleas or not. I decided to accept them as neither of your lawyers asked me to do anything else. I shall sentence you though, by reference to the Public Order Ordinance. The Ordinance provides for a maximum penalty of a fine of $100 and imprisonment for one year.

You, Teannaki, are 34, married, with no children. You are unemployed: your wife is a typist at the Island Council. This is your first offence and you have pleaded guilty. You, Ueanteiti, are 32, married with three children. You live a subsistence life style. This is your first offence. You have pleaded guilty.

Your wife, Teannaki, is your niece, Ueanteiti. You had never quarrelled before. You and your families are now reconciled.

Ms Beiatau argued that you both should serve terms of imprisonment. I don't accept that argument. The injuries you inflicted on each other were nasty: lucky they weren't worse but you are now reconciled. The incident is over. You each should be sentenced to imprisonment but the sentence suspended.

You are each sentenced to six months' imprisonment but the sentence will be suspended if you each promise to be of good behaviour for the next 12 months.

If you do not commit any other offence in the next 12 months then you will not have to serve this six months in gaol. If you do commit another offence then you will be punished for it and be liable to serve this six months in gaol as well.

Do you understand?
Do you agree?

Dated the 10^th day of June 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice