Republic v Tiata [2007] KIHC 122; High Court Criminal Case 12 of 2007 (19 July 2007)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case No. 12 of 2007

BETWEEN:

THE REPUBLIC
Complainant

AND:

NOOA TIATA
Respondent

For the Republic: Mr David Lambourne & Mr Mono Mweretaka
For the Accused: Mr Banuera Berina

Date of Hearing: 19 July 2007

SENTENCE

Nooa Tiata: you have pleaded guilty to murder. The only penalty for murder is life imprisonment. I sentence you to life imprisonment. I must also fix a time until the end at which you may not apply to the Parole Board for parole. We call it the non parole period.

The usual non-parole period for someone convicted of murder is 10 years. That is a starting point but the period may be either shorter or longer than 10 years.

I am not going to make it longer than 10 years and have thought about whether I should make it less.

You are 41 years old and have no previous convictions. You changed your plea of not guilty to guilty well after the trial had begun. I shall give you some deduction for that but not as much as if you had pleaded guilty earlier.

Mr Berina in making his submissions for you, has told me of a number of brave and unselfish acts you have performed in your life, as well as telling me of your family situation and your work. The Solicitor General has not challenged any of the information Mr Berina has given and has acknowledged that I may take it all into account in your favour.

Doing so I fix a non-parole period of nine years.

Dated the 19th day of July 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice