Republic v Burangke [2005] KIHC 74; 12-05 (2 May 2005)

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

High Court Criminal Case No. 12 of 2005

THE REPUBLIC

vs

TAAM BURANGKE

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoing Taoaba

Date of Hearing: 2 May 2005

SENTENCE

Taam Burangke: you have pleaded guilty to manslaughter. You had been charged with murder. You pleaded not guilty to murder but the prosecution accepted your plea of guilty to manslaughter.

You are 41 years old, married with seven children, two still at school and two in pre-school. You have worked as an engineer on a ship and have been the supporter of the family.

Late one night towards the end of January this year you and your wife were sitting outside your house. Your nephew came along. He had been drinking sour toddy. He asked for food and he was given it. He then acted provocatively towards you and you became angry: it was not the way in which a nephew should respect his uncle. You and your nephew began fighting. Your wife separated you and led your nephew away. He threatened to cut your throat and stab your head, kill you. Another fight began. In some way your nephew came to be on the ground. You stood over him, hitting him repeatedly with a 2ft long piece of coconut wood. He called out for forgiveness. You inflicted many injuries and left him there. The next morning you found your nephew in the same place, dead. In the fight you broke a finger of the right hand. You shewed me that you cannot now straighten it. The medical report shews the victim had injuries to his head, his right leg and his body. I was told he bled a lot. The report does not give the cause of death. I should think it was the crack of the skull or the loss of blood: maybe both.

You were provoked but the provocation was not nearly so serious as to justify you in beating your nephew so savagely. What you did to your nephew was out of all proportion to his insults and his attacks on you. This is a very serious example of manslaughter, not much short of murder. Ms Iteraera told me there has been no reconciliation between your family and his.

It is your first offence and you have pleaded guilty. Those two things mean that you will receive a shorter term of imprisonment than otherwise. I also take into account in your favour your family circumstances.

Nevertheless you must serve a substantial term of imprisonment. It was a dreadful thing to do. You will be imprisoned for five years from last Friday 29 April when you went into custody.

Dated the 2^nd day of May 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice