Republic v Kautu - Sentence [2007] KIHC 135; High Court Criminal Case 16 of 2007 (19 September 2007)

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

High Court Criminal Case No. 16 of 2007

BETWEEN:

THE REPUBLIC

AND:

KABWAKI KAUTU

For the Republic: Ms Tumai Timeon
For the Accused: Ms Jane Fiske

Date of Hearing: 18 September 2007

SENTENCE

Kabwaki Kautu - this was a most appalling happening. You were very drunk. Had had more than 10 cans of beer during the day, drinking with others. Another man was driving a car in which you were a passenger. The car was parked at Ambo. The driver was out of the car. You got into the driver’s seat and drove off at high speed. You left the bitumen. Drove through Johnny Kulene’s fence. You kept on towards his house, then changed direction towards his store. You pinned down Michael, his eight year old grandson on the barbed wire around the building. The lad was so severely injured that he lost a leg. He is now condemned to grow up and live his life with one leg and with the horrible memory of what happened to him.

You got out and tried to run away. You were caught and severely beaten up. You deserved the beating.

You are a married man of 22 with two young children. Since this happened you and your family have gone to Abemama where you are living a subsistence lifestyle and are active in the Catholic Church.

This is your first conviction. You pleaded guilty as soon as you could. Ms Fiske tells me you have not drink alcohol since this happened. All these things are in your favour and I take them into account in fixing penalty. Yet nothing can undo the terrible way you acted nor the dreadful consequences.

You had no driving licence. You are disqualified from obtaining or holding a driving licence for 15 years. I would have made the term of disqualification indefinite, until further order, but if I did the Traffic Act would not give you an opportunity ever to apply for a licence. You should, though, be disqualified for a good, long time. People must realize the terrible consequences of drinking and driving.

You will be imprisoned for six years. The term will begin from yesterday, 18 September when you went into custody.

Dated the 19th day of September 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice