Tiiroo v Republic [2009] KIHC 36; Criminal Appeal 06 of 2009 (3 September 2009)

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

High Court Criminal Appeal 6 of 2009

Between:

Nakibae Tiiroo
Appellant

And:

Republic
Respondent

For the Appellant: Ms Maere Kirata
For the Respondent: Ms Pauline Beiatau

Date of Hearing: 3 September 2009

JUDGMENT
(Ex Tempore)

The appellant succeeded in the Court of Appeal to the extent that the Court in its judgment said that in fixing a non-parole period the personal circumstances of the offender should be taken into account as well as the circumstances of the offence itself. In sentencing I had excluded from consideration the appellant’s personal circumstances. The Court in its judgment said:-

We have no way of telling whether the non-parole period fixed by the Chief Justice might have differed had he taken the subjective circumstances of the appellant into account. We do not think it appropriate that we fix the non-parole period ourselves. The Chief Justice heard the trial evidence and submissions as to the appellant’s personal circumstances.

At first I was inclined to reduce the non-parole period to seven years as counsel urged when I originally considered the period but Ms Beiatau reminded me of the circumstances of the murder: they were dreadful. I need not repeat them: they are in my judgment of 1st August 2008 convicting the appellant. Having reflected on the question again, even taking into account the plea on behalf of the appellant including of course his personal circumstances I have concluded that the non-parole period should remain at 10 years.

THE HON ROBIN MILLHOUSE QC
Chief Justice