Republic v Tabwaia - Sentence [2006] KIHC 58; 3-06 (8 May 2006)

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

High Court Criminal Case No. 3 of 2006

THE REPUBLIC

v

TIARE TABWAIA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 8 May 2006

SENTENCE

Tiare Tabwaia: you have pleaded guilty to doing Grievous Harm. That is a crime which has a maximum penalty of seven years’ imprisonment. The facts are in my reasons for finding you had no case to answer on the charge of manslaughter.

In brief on the night of 3 December 2005 at your house at Ambo you assaulted Biirate Tauo. Biirate who was your uncle had come to your house, drunk. You gave him food and allowed him to go to sleep on the buia on which your 13 year old daughter Bweneata and her cousin were sleeping. After some time you discovered Biirate indecently interfering with your daughter. You were so angry that you hit him repeatedly with your fists. He suffered nasty injuries to his face. He was taken to the hospital. He was dead on arrival. The cause of Biirate’s death is not known.

You are 34, married and Bweneata is your only child. Your home island is Maiana. You live in an extended family with your mother and father. You work as a bus driver and are the bread winner of the family.

You have no previous convictions and pleaded guilty to the charge as soon as it was laid against you. Both these things are in your favour and mean a lesser penalty than otherwise.

You were greatly provoked by what Biirate was doing to your daughter or by what you believed he was doing to her. They were horrible things which would provoke not only fathers but all right minded people. I take into account in your favour this extreme provocation. Since it happened you spent 12 or 13 days in custody at the Bairiki police station. You have known that both your daughter and your father wee to give evidence against you.

Nevertheless what you did was a serious crime: you went too far in expressing your anger. You must be sentenced to a term of imprisonment.

Mr Amten asked that any term of imprisonment be suspended. Ms Iteraera said the imprisonment should not be suspended.

You were greatly provoked and reacted as most fathers would. You have had the anguish of knowing that on your trial your daughter whom you were protecting and your father were to give evidence against you. You provide financially for the family.

You are sentenced to 12 months’ imprisonment. The term will be suspended on your promising to be of good behaviour for the next two years.

If you do not commit any further offences in the next two years then you will not have to spend this 12 months in gaol. If you were to commit any other offence in that time then you would be punished for it and also be liable to go to gaol for this 12 months as well.

Do you understand that? Yes.
Do you promise to be of good behaviour for the next two years? Yes.

Dated the 9th day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice