Republic v Tebao - Sentence [2006] KIHC 107; 31-06 (12 October 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 31 of 2006

THE REPUBLIC

v

TOOMA TEBAO

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Berenike Iuta

Date of Hearing: 12 October 2006

SENTENCE

Tooma Tebao: you have been convicted of dangerous driving causing death. Before trial you had already pleaded guilty to two other charges, driving without a licence and driving under the influence of alcohol.

The most serious of the three offences is causing death by dangerous driving for which unless there are exceptional circumstances relating to either the offence or to the offender the offender must be imprisoned for at least 10 years and may be imprisoned for life. There are no exceptional circumstances in this case. You were driving a big machine which needed special skill and care, you were under the influence of alcohol and you did something which I have described as foolhardy. It was as bad driving as may be imagined.

Ms Iuta submitted that the sentence of imprisonment might be suspended. That is out of the question. This is too bad a case. Ms Iuta has told me that your family will suffer because you have been the only person to provide for them. That is most unfortunate: hardship to family is often the result when someone is convicted of a crime. The community must know that anyone who does what you did - even though no harm is intended - must be severely punished and must serve the punishment in gaol. Ms Iuta reminded me of a case in 2004 in which a man was sentenced to a quite light penalty. That was before Parliament changed the law and greatly increased penalties. The change in the law was a signal to the Court that much more severe penalties are to be imposed for this offence. The only thing in your favour is that this is your first offence in 23 years of driving. I take that into account in your favour.

Parliament, from the penalties provided, regards the other two offences - driving without a licence and driving under the influence of alcohol - as less serious. Your driving without a licence could not have contributed to the accident but I have no doubt that being under the influence did. If you had not been under the influence then the accident may not have happened at all. You pleaded guilty to these charges. I take that into account in your favour in fixing penalties.

For dangerous driving causing death you will be imprisoned for 12 years.

For driving without a licence you will be fined $100.00.

For driving under the influence you will be fined $200.00.

I allow two months within which to pay the fines. The term of imprisonment will run from 4 October when you went into custody.

You will be disqualified from holding or obtaining a driving licence for five years.

Dated the 13th day of October 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice