Benuakai v The Republic [2005] KIHC 143; 06-05 (24 October 2005)

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

High Court Criminal Appeal No. 6 of 2005

BETWEEN:

TAUTIKA BENUAKAI
Appellant

AND:

THE REPUBLIC
Respondent

For the Appellant: Ms Berenike Iuta
For the Respondent: Ms Olga Guillen

Date of Hearing: 24 October 2005

JUDGMENT
(Ex Tempore)

The minutes do not set out the facts but I assume the appellant was drunk, went into a house, made a nuisance of himself and damaged property. It may have been frightening for the occupiers. He was charged with four offences. The magistrates on Onotoa gave him two years. That is the maximum penalty for damaging property, the most serious of the charges.

Ms Guillen rightly concedes that the penalty is too severe.

Justice will be done if the appellant serves a total sentence of nine months. I shall adjust the penalties accordingly:

For damage to property 9 months’ imprisonment

For criminal trespass 4 months’ imprisonment

The two sentences to be served concurrently.

For possession of weapon and drunk under age convictions without penalty.

The appellant had already been in custody from 19 May-16 August when granted bail. That is three months and is to be taken into account: it means he has another six months of imprisonment to serve.

The appellant will go into custody immediately.

THE HON ROBIN MILLHOUSE QC
Chief Justice