Republic v Toakarawa [2006] KIHC 78; 13-06 (17 May 2006)

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

High Court Criminal Case No. 13 of 2006

THE REPUBLIC

v

TAMTON TOAKARAWA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Karotu Tiba

Date of Hearing: 12 May 2006

SENTENCE

Tamton Toakarawa: You have pleaded guilty to causing grievous harm with intent to cause grievous harm. That is a crime which has a maximum penalty of life imprisonment. The victim was your own wife then four months pregnant with your first child.

Through your lawyer, Mr Tiba, you have admitted the facts which Ms Iteraera gave to the court. You came back to your house from drinking some time after 7pm. An argument developed between you and your wife. You began beating her: she escaped to another house: you followed her and dragged her by the hair back to your own house. You continued beating her. You bit her on the nose, cheek and ear. I have seen photos of your wife’s face shewing very bad injuries. Neighbours came to control you: you said it was a domestic matter and for them to keep away. Finally the police came between 9 pm and 10 pm. I emphasise straightaway that violence between husband and wife or within the family may lead to very serious crimes as your violence towards your wife has. Domestic violence is not a private matter: it is the concern of everyone. It is shameful, to be strongly condemned and severely punished.

You are 22 years old and unemployed. You are now reconciled with your wife. You live with grand parents. You go fishing.

You had been drinking with friends from the KPA and say you cannot remember well what went on. You were told the next morning what you had done and apologised.

Drunkenness is no defence to the crime but I take into account in your favour in fixing penalty that you were drunk when you did this.

Also in your favour is that you have no previous convictions and that you pleaded guilty on your first arraignment. These things mean a lesser penalty than otherwise.

What you did would be a very serious crime whoever the victim was, that it was your own wife makes it even worse.

You will be imprisoned for three years. The term will run from last Friday 12 may when you went into custody.

Dated the 17th day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice