Republic v Tetaua - sentence [2004] KIHC 59; Criminal Case 56 of 2003 (25 March 2004)

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

Criminal Case No. 56 of 2003

THE REPUBLIC

vs

KOBEBE TETAUA

For the Republic: Mr David Lambourne, Solicitor General
For the Accused: Mr Banuera Berina

Date of Hearing: 17 March 2004

SENTENCE

Kobebe Tetaua: you have been found guilty of reckless driving causing death: the victim was your uncle and your friend. This whole incident is a great tragedy, for you and your family and his family. I take into account in fixing penalty your suffering and the suffering of those close to you.

Yet as the Solicitor General submitted drivers must be deterred from driving when under the influence of alcohol and driving in the way in which you did. People must know what is likely to happen to them if they do.

You have no previous convictions.

You are 30 years old, married with two young children. You are a senior aircraft engineer with Air Kiribati. You are the income earner in the family. You will lose your job. You have not drunk alcohol for over 12 months. That is in your favour. You would be wise never to drink alcohol again.

I keep in mind all Mr Berina's submissions on your behalf: I must balance them against the need to let the community know the result of driving recklessly, under the influence of alcohol.

Mr Berina has asked that any sentence of imprisonment should be suspended. There are though no special circumstances which would justify suspension.

You will be imprisoned for six months. The term will run from last Tuesday, 23 March when you went into custody.

Your driving licence is cancelled and you are disqualified from holding or obtaining a driving licence until further order.

Dated the 25^th day of March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice