Republic v Ianana [2005] KIHC 166; Criminal Case 44 of 2005 (29 December 2005)

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

High Court Criminal Case No. 44 of 2005

THE REPUBLIC

vs

IOANE IANANA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Glenn Boswell

Date of Hearing: 26 December 2005

SENTENCE

Ioane Ianana: you have pleaded guilty to Assault Occasioning Actual Bodily Harm on 26th October 2005. A man Timiti Tunna was lying asleep on the beach. You asked three young men nearby where Timiti was. They told you. You went up to him. The young men saw you pulling his hair and punching him in the face. Timiti ran away from you. Next morning he was found dead on the beach. When the body was examined at the hospital the cause of death could not be decided. I put out of my mind the suspicion that your assault on him led to death and assume the cause of death was not connected with your assault.

You say that the victim had indecently touched you. You say that is when you went up to him on the beach but the prosecution says it was earlier in the evening. Whenever it was hardly matters. Whatever Timiti had done to you did not entitle you to assault him.

Assault Occasioning Actual Bodily Harm has a maximum penalty of five years’ imprisonment. You have no previous convictions and have pleaded guilty. Both mean a lesser penalty than otherwise.

You are 22 years old and live at Teaoraereke and have a sister and brother. You were married but your wife died in childbirth. You have a little daughter. You have been employed by the TUC earning $120.00 per fortnight. You have been the breadwinner for the family. Mr Boswell tells me you had been drinking for some hours before this happened. You will be imprisoned for nine months. You have been in custody since 14 November and were in custody for a few days before then.

Your term of imprisonment will date from 14 November.

Dated the 29th day of December 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice