Republic v Kum Kee [2009] KIHC 58; Criminal Case 30 of 2009 (21 October 2009)

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

HIGH COURT CRIMINAL CASE 30 OF 2009

THE REPUBLIC

V

HANSON KUM KEE

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Mantaia Kaongotao

Dates of Hearing: 21 October 2009

SENTENCE

Hanson Kum Kee: you have pleaded guilty to cultivating cannabis. That is an offence which has a maximum penalty of a fine of $2,000 and imprisonment for 10 years. It is regarded as a serious crime.

You are 20 years old and married. You work in the family business. This is your first offence and you have pleaded guilty. These things are in your favour and mean a lesser penalty than otherwise.

Ms Beiatau tells me this is the first prosecution for cultivating cannabis. She asks that you be made an example of how serious the law regards what you did.

Mr Kaongotao has said that you were given a smoke by Solomon Islands fishermen. Somehow you dropped the seeds in your parents’ garden. When you came back from an outer island you found plants were growing and you cultivated them. It is a story difficult to believe but the prosecution has not challenged it so I accept it for the purposes of sentencing you. I must say, though, that from my observations elsewhere what was found indicates a deliberate attempt to cultivate by someone who knew exactly what to do.

Ms Beiatau has submitted that you should be imprisoned as a deterrent to others. For this first offence I shall not send you to gaol but if you do it again or if others are caught doing it, imprisonment is very likely.

As it is you will be fined $500.00: in default of payment three months’ imprisonment.

Do you want time to pay? One month to pay.

I order that the plants and equipment be forfeited to the Republic and be destroyed.

THE HON ROBIN MILLHOUSE QC
Chief Justice