Republic v Teakai - Sentence [2006] KIHC 86; 20-06 (18 July 2006)

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

High Court Criminal Case 20 of 2006

THE REPUBLIC

v

TIBWA TEAKAI

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Taoing Taoaba

Date of Hearing: 17 July 2006

SENTENCE

Tibwa Teakai: you have pleaded guilty to murder.

Early in the morning when it was still dark you stabbed a sleeping man so seriously that he died. The medical assistant’s report describes four areas of wounding on his body, the two most serious being an open wound over the ninth rib on the right side in which a finger could be inserted and the liver touched and a wound in the abdomen about 3½" long.

You and others had been drinking yeast. You had an argument with Teitibwi: he said: "We can settle the argument later". After you had finished drinking you went to a relative’s house and found a toddy knife or bayonet. You went looking for Teitibwi, thought you had found him, stabbed him to death. It was another man, Teairo Namai. He was a friend of yours.

The deliberate killing of a human being is a most dreadful thing be he an innocent man as Teairo was or a man with whom you had quarrelled.

You are 20 years old, live with your parents, are not married, not employed.

Ms Taoaba made much of your family having apologised to the victim’s family, the apology finally being accepted and there having been a feast to mark the reconciliation. Yet it did not bring an innocent man back to life and I cannot give you much credit for it.

The only penalty for murder is life imprisonment. I sentence you to life imprisonment. Since Parliament changed the law I am now able to fix a period before which you may not be released on parole. As a rule that period is 10 years but I may fix either a shorter or longer period. The circumstances of your crime are not such as to fix a period other than 10 years. But there are two things in your favour. This is your first offence and you have pleaded guilty. Ms Beiatau complained that it was a late plea of guilty: when you were arraigned at the beginning of the trial. The prosecution had had all the trouble and expense of bringing witnesses to Tarawa from TabSouth. An earlier plea of guilty would have avoided this. The earlier the plea the more it is in favour of a prisoner when fixing penalty. I may make some allowance in your favour for pleading guilty but not as much as if you had pleaded earlier.

Pursuant to S11(1A) of the Parole Board Act I fix a period of nine years and six months. I note that you have been in custody awaiting trial since 30 May. The calculation of the period of nine years and six months should start from 30 May 2006.

Dated the 18th day of July 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice