Eria v Republic [2004] KIHC 40; Criminal Appeal 01 of 2004 (5 March 2004)

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

Criminal Appeal No. 1 of 2004

Between:

ERITAI ERIA
Appellant

And:

THE REPUBLIC
Respondent

For the Appellant: Ms Jacqueline Huston
For the Respondent: Ms Pole Tebao

Date of Hearing: 5 March 2004

JUDGMENT
(Ex Tempore)

On 4^th January this year, having had a row with his wife, the appellant threw handfuls of gravel at the wall of his house. This was at Tereitaki village on Fanning Island. The appellant was arrested and charged with throwing stones. He came before the magistrates the next day and was found guilty. He was sentenced to imprisonment for one year. He has been in custody ever since, exactly two months.

The penalty imposed was far too heavy. Even the two months the appellant has been in custody is severe. All I can do is to vary the penalty so that the appellant is immediately released. Ms Tebao, for the Republic, concedes the appeal.

ORDER

The Republic conceding, appeal allowed. Conviction upheld but penalty quashed. In lieu imprisonment for two months to run from 5^th January 2004.

THE HON ROBIN MILLHOUSE QC
Chief Justice