Republic v Bonrawa [2004] KIHC 66; Criminal Case 62 of 2003 (31 March 2004)

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

Criminal Case No. 62 of 2003

THE REPUBLIC

vs

TABWEAITU BONRAWA

For the Republic: Ms Pole Tebao, Director of Public Prosecutions
For the Accused: Ms Jacqueline Huston

Date of Hearing: 29 March 2004

SENTENCE

Tabweaitu Bonrawa: you were charged with assault occasioning grievous bodily harm. At your arraignment you pleaded not guilty to that but guilty of unlawful wounding. The Republic acknowledges that through your lawyer you had offered to plead to unlawful wounding even before the charge of assault occasioning grievous bodily harm was laid. The prosecution refused to accept the plea to unlawful wounding and the trial went on until it became obvious that the prosecution evidence was not going to be sufficient to make out a case to answer on the more serious charge of assault occasioning grievous bodily harm. The Director of Public Prosecutions then accepted your plea.

A person who pleads guilty will as a rule receive a lesser penalty than one who pleads not guilty but is found guilty and the earlier the plea the less the penalty. You will receive a lesser penalty as if you had pleaded guilty to unlawful wounding at the first opportunity.

The incident or incidents out of which the charge arose was started by the victim who is your nephew. You were both drinking and probably were already drunk. It was the afternoon of 2 February last year here in Betio. The witnesses said it was a Saturday but I notice that 2 February 2003 was a Sunday. It does not matter. The victim grabbed your cigarette from behind your ear. You were angry. A fight began and was carried on several times and at different places during the rest of the day. You were both hurt. You lost two front teeth. Teeu spent five days in hospital: he had wounds at the back of his head and on his back.

It was very bad conduct on the part of both of you. I was glad when
Ms Huston told me you are now reconciled.

You are 44, married with two children, the elder 17-18, the younger 10. You live a subsistence lifestyle.

You have three previous convictions, the most recent causing grievous harm in 1990. Ms Huston emphasised that this was nearly 14 years ago. Since then, she said, you have been a good member of the community. She asked that any sentence of imprisonment be suspended. The Director of Public Prosecutions opposed suspension. Ms Tebao accepted that there had been a reconciliation in the family but reminded me that after your nephew's insulting behaviour by taking your cigarette, you went after him.

Unlawful wounding is a serious offence and has a maximum penalty of five years' imprisonment. You already have a conviction for an even more serious offence, causing grievous harm but it was a long time ago. I must sentence you to a term of imprisonment but, especially because of the reconciliation I shall suspend the sentence.

You will be imprisoned for nine months. The sentence will be suspended on your promising to be of good behaviour for the next two years.

If you do not commit another offence in the next two years you will not have to serve in gaol this nine months. If you do commit an offence and are sent to gaol you will have to serve that term of imprisonment and will also be liable to serve this nine months as well.

Do you understand?

Do you agree to behave yourself and not get into trouble in the next two years?

Dated the 31^st day of March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice