Republic v Ioane & Toatu - Sentence [2007] KIHC 26; Criminal Case 53 & 54 of 2006 (16 February 2007)

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

High Court Criminal Case Nos 53 & 54 of 2006

THE REPUBLIC

v

IABETA IOANE
NAMORIKI TOATU

For the Republic: Ms Pauline Beiatau
For the 1st Accused: Mr Karotu Tiba
For the 2nd Accused: Mr Stephen Earl

Date of Hearing: 12 February 2007

SENTENCE

Iabeta Ioane and Namoriki Toatu: you have been convicted of murder. The only penalty for the crime of murder is imprisonment for life. I sentence you both to life imprisonment.

I do, though have to decide whether to fix a non-parole period – the length of time which you must spend in prison before you may be released on parole. If I do not fix another period, it will be 10 years.

The victim was a man in his 30’s, a diver who was working for the time being on Abemama. You had been drinking yeast with him and others. I accept that you both were affected by what you had drunk. You say he made you afraid of him. Yet you were not too afraid deliberately to persuade him to go with you, to bash him until he was unconscious and then drown him in a babai pit. It was a very bad thing to do.

You, Iabeta are now 19. You Namoriki 16. Both have left school, are unemployed and fish and cut toddy to support your families. You have no previous convictions.

Iabeta, if you were any older than 19, I would have increased the non-parole period to more than 10 years. As you are only 19 I shall not fix a longer parole period which means the non-parole period will be 10 years.

You, Namoriki, are about three years younger than Iabeta. It is the only reason even for considering a reduction in the non-parole period. Because of your age I fix the non-parole period at eight years.

Dated the 16th day of February 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice