Republic v Kabuta [2009] KIHC 32; Criminal Case 23 of 2009 (22 July 2009)

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

HIGH COURT CRIMINAL CASE 23 OF 2009

THE REPUBLIC

V

TAWITA KABUTA

For the Republic: Ms Taaira Timeon
For the Accused: Ms Maere Kirata

Dates of Hearing: 22 July 2009

SENTENCE

Tawita Kabuta: you have pleaded guilty to assault occasioning actual bodily harm, an offence which has a maximum penalty of five years’ imprisonment.

On 9 April you had been drinking heavily and, you say, were very drunk. The victim and his brother-in-law had been out fishing and came into the wharf at Betio. They were unloading their catch. The victim’s wife was helping them put the catch in their car. The victim asked his wife to go to the bar at Korekorea’s Corner to buy him a drink. For some reason which you cannot give you behaved aggressively towards her and obstructed her going to the bar. A little while later the victim went some distance away to relieve himself. You followed him. When he turned round you punched him in the face. You can give no reason why you did this.

The victim bled from the mouth. One tooth was loosened: it has now come out. Because of what you did this man will spend the rest of his life minus a tooth.

It was a nasty, unprovoked assault.

You are 26 years old and unmarried. You have been a police officer. This makes what you did even more serious. As a police officer you should set an example to other members of the community and never behave in this way.

In your favour is that this is your first offence and you have pleaded guilty. These things mean a substantially lesser penalty than otherwise.

I take into account Ms Kirata’s submissions for you but what you did was so bad that suspension of the sentence of imprisonment is out of the question.

You are sentenced to 12 months’ imprisonment to date from yesterday 22 July when you went into custody.

Dated the 23rd day of July 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice