Republic v Kaiteie [2004] KIHC 41; Criminal Case 22 of 2003 (6 March 2004)

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

Criminal Case No. 22 of 2003

THE REPUBLIC

vs

TEEBAKI KAITEIE

For the Republic: Ms Pole Tebao
For the Accused: Ms Taoing Taoaba

Date of Hearing: 6 March 2004

SENTENCE

Teebaki Kaiteie: you were charged with reckless driving. You pleaded not guilty but guilty of careless driving and the Republic accepted your plea.

On 30^th July 2002 between 10 and 11 o'clock in the evening, when driving a motor vehicle, you knocked down Teangitau. He was so severely injured that he died a few hours later. You had been out playing cards. I disregard what I have been told, that you had had a few beers, as there was no evidence that you were affected by alcohol. I also disregard, as the law says I must, the terrible consequences of your carelessness.

The deceased was standing on the side of the road and began to cross on to your path. Your carelessness was in not keeping a sufficient look out so that you could avoid him, even though he was doing something foolish.

You are 32 years old, married with four children and employed as a driver. I must disqualify you from driving and it will be six months before you can apply to get your licence renewed. This means you will lose your present employment at least for six months. I expect that will be a punishment in itself.

Accordingly I shall not sentence you to imprisonment but impose a fine.

You are fined $75. You are disqualified from holding a driving licence.

You have two months in which to pay the fine: in default, imprisonment for four weeks.

(Licence produced).

Dated the 6^th day of March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice