Republic v Tokamaitarawa - Sentence [2006] KIHC 52; 2-06 (10 February 2006)

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

High Court Criminal Case No. 2 of 2006

THE REPUBLIC

vs

OMERI TOKAMAITARAWA

For the Republic: Ms Olga Guillen
For the Accused: Mr Glenn Boswell

Date of Hearing: 10 February 2006

SENTENCE

Omeri Tokamaitarawa: you have pleaded guilty to doing grievous harm and to assault occasioning actual bodily harm. Ms Guillen, the prosecutor, sought not to go on with the charge of grievous harm but in my view what you did was so serious as to justify your being charged with it. The other charge, assault occasioning actual bodily harm is less serious. I shall sentence you for doing grievous harm and not impose a sentence for assault occasioning actual bodily harm.

You are 19, single and a police recruit. On 7 August last year you were working at the Bikenibeu police station. An 18 year old man in the cells was calling out and causing a commotion. It got on your nerves. He was wearing only a pair of jocks. You threw a cup of hot tea over his genitals. He was examined by a doctor who reported:

On examination there is a blister on the right upper quadrant of the penis gland and the right distal part of penis shelf, penis orifice is patent, passing urine with pain.

You did a cruel thing. Worse when done by a police officer. A person in custody as this man was must be looked after - however difficult a prisoner he may be - and treated with patience: never mistreated as you mistreated this man.

You gave him cold water to cool him down and apologized. Next day when the man was released you went to apologize to his parents and Mr Boswell said the apology was accepted.

Mr Boswell told me you are the sole support for elderly parents and a young sister at boarding school on Abemama.

You have no previous convictions and have pleaded guilty.

You are still working as a police recruit. If you are to be a police officer then you must learn to keep yourself under control and not give way to fits of temper.

You are convicted without penalty for assault occasioning actual bodily harm.

For doing grievous harm you will be imprisoned for six months but the sentence will be suspended if you will promise to be of good behaviour for two years.

That means if you commit no other offence in the next two years you will not have to serve this six months in prison. If you do commit another offence you will be punished for it and be liable to serve this six months as well.

Do you understand? Yes.
Do you agree? I promise.

Dated the 16th day of February 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice