Bakati v Republic [2006] KIHC 75; 10-06 (16 November 2006)

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

High Court Criminal Appeal 10 of 2006

NAKIBAE BAKATI

v

THE REPUBLIC

For the Appellant: Ms Joelle Grover
For the Respondent: Ms Pauline Beiatau

Date of Hearing: 16 November 2006

JUDGMENT

The appellant then aged 18, was convicted on Makin Island of assault occasioning actual bodily harm. He was drunk at the time. He saw a man with whom he had been at JSS: the man, according to Ms Grover, had bullied him. The appellant now bigger and stronger than at school took the opportunity for payback. It seems that the appellant started the fight the two men had. Both received some injuries to the face but the victim came off worse - two black eyes and a swollen mouth.

The accused pleaded guilty. Ms Grover says that there were apologies. The accused has given up drinking.

The magistrates sentenced the accused to 12 months’ imprisonment to be served on Tarawa.

He has been on bail here awaiting the hearing of his appeal. He is living with his parents and has been employed.

Ms Beiatau concedes that the sentence was too severe. Ms Grover has asked for suspension of a shorter sentence. The appellant should serve a shorter term of imprisonment.

The appeal is allowed. The sentence imposed by the magistrates is quashed. Instead the appellant is sentenced to imprisonment for three months.

He has already been in gaol for a day so the three months will run from yesterday, 15 November.

Dated the 16th day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice