Tewarawara v Republic [2006] KIHC 95; 16-05 (26 October 2006)

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

High Court Criminal Appeal No. 16 of 2005

Between:

IOANE TEWARAWARA
Appellant

And:

THE REPUBLIC
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Ms Ruria Iteraera

Date of Hearing: 26 October 2006

ORDER
(Ex Tempore)

Ms Iteraera does not challenge the facts to which the appellant has deposed in his affidavit sworn on 25 October 2006. I shall accept them as accurate.

The magistrates on Tabuaeran gave the appellant three years and made an order that at the end of his time in gaol he should not return to Tabuaeran.

The assault does not appear to have been a serious one. The appellant and victim, his own father, had a row when they were both drunk: the victim took a knife: the appellant threw a hard wooden object at him: it hit him on the forehead. The appellant ran away: within two days he was back living with the family at his father’s house. On these facts three years’ imprisonment is manifestly excessive. The appellant has already served about 14 months. An appropriate sentence is 18 months in all.

The magistrates also made an order that at the expiration of his imprisonment the appellant should not return to Tabuaeran. That was inappropriate for two reasons - because of Section 37 of the Penal code which gives only power to the Court to direct that a person be returned to his home island, not power to banish him from it. As well the order would mean keeping the appellant from being reunited with his family who have continued to live on Tabuaeran.

The appeal is allowed: the order of the magistrates quashed. Instead the appellant is sentenced to 18 months’ imprisonment to date from 12th August 2005.

THE HON ROBIN MILLHOUSE QC
Chief Justice