Otati v Republic [2006] KIHC 23; Criminal Appeal 10 of 2005 (9 February 2006)

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

High Court Criminal Appeal No. 10 of 2005

BETWEEN:

TABOTABO OTATI
Appellant

AND:

THE REPUBLIC
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Ms Ruria Iteraera

Date of Hearing: 9 February 2006

JUDGMENT
(Ex Tempore)

The appellant, a man of 53, was convicted of Assault Causing Actual Bodily Harm by the Arorae magistrates. The victim is a woman of about the same age, related by adoption to the appellant. The appellant was sentenced to 12 months’ imprisonment “or a community service order”. He was immediately put in custody. As we do not have the organization to supervise community service orders I ignore that alternative sentence. The injuries which the lady suffered are not mentioned in the Court minutes but Ms Iteraera has handed up a medical report which according to the police prosecutor the magistrates also saw. The injuries were a black right eye and swollen right cheek.

The circumstances of the assault are not known but it does seem from what is known that 12 months’ imprisonment is far too long. After I had suggested that six months would be more appropriate Ms Iteraera conceded that it would.

The appeal is allowed to the extent of reducing the sentence of imprisonment from 12 months to six months. The appellant has already served one month and two days. He will now be committed to prison again to serve the balance of the sentence of six months.

THE HON ROBIN MILLHOUSE QC
Chief Justice