Tinoa v Republic [2004] KIHC 276; Criminal Appeal 07 of 2004 (22 December 2004)

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

High Court Criminal Appeal No. 7 of 2004

Between:

RUTA TINOA
Appellant

And:

THE REPUBLIC
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr David Lambourne, Solicitor General

Date of Hearing: 22 December 2004

JUDGMENT
(Ex Tempore)

During a domestic dispute at night under the mosquito net the appellant stabbed her husband in the neck with a knife. He bled a lot but fortunately got to medical attention in time to be treated and to recover.

The magistrates convicted the appellant of unlawful wounding and sentenced her to nine months’ imprisonment. She complains that the sentence is excessive.

It is a severe sentence, at the upper end of the appropriate bracket for this particular offence but not so manifestly excessive as to warrant interference. The magistrates heard the case, saw the appellant and the victim and came to a decision. That was their duty and they carried it out properly. This court should not interfere.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice