Republic v Makin [2009] KIHC 64; Criminal Case 07 of 2009 (2 November 2009)

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

High Court Criminal Case 7 of 2009

THE REPUBLIC

V

ROUTA MAKIN
TOAWEA BIRIBO
IOANE KATOKITA
TIERAATA RIIKI
TERIAKAI MWAKIN
NIKOTEMO TIARE

For the Republic:Ms Pauline Beiatau
For the 1st Accused:Ms Maere Kirata
For the 2nd, 3rd & 6th Accused:Mr Raweita Beniata
For the 3rd & 5th Accused:Ms Abunaba Takabwebwe

Date of Hearing:2 November 2009

DECISION ON PENALTY

Routa Makin, Toawea Biribo, Ioane Katokita, Tieraata Riiki and Nikotemo Tiare have all been convicted of Unlawful Assembly, Riot and Arson.

When the case was called on for submissions on penalty Ms Beiatau told me that the prisoners were willing each to pay a fine of $600.00 for the Unlawful Assembly and Riot and that that was an appropriate penalty. For the Arson Ms Beiatau did not oppose suspension of sentences of imprisonment. None of the prisoners has any previous conviction.

All counsel for the prisoners agreed to what Ms Beiatau had suggested.

This is an unusual way of proceeding but as it coincides pretty well with what I had in mind I shall fashion the sentences accordingly.

All prisoners should receive the same penalties.

The only problem is that the maximum penalty for Unlawful Assembly is a fine of $100 and imprisonment for one year: for Riot the maximum penalty is a fine of $200 and imprisonment for two years. The maximum fines are only half what has been agreed.

Counsel referred to s.26 of the Penal Code:

A person liable to imprisonment for an offence may be sentenced to pay a fine in addition to or instead of imprisonment:

This may give the Court power to proceed as counsel have asked and as I shall be proceeding by consent, I accept I may proceed in this way.

For Unlawful Assembly each prisoner is fined $200, being the maximum fine of $100.00 and a further $100.00 instead of a sentence of imprisonment.

For Riot each prisoner is fined $400.00, being the maximum fine of $200.00 and a further $200.00 instead of a sentence of imprisonment.

For Arson, each prisoner is sentenced to 12 months’ imprisonment. The sentence will be suspended on each prisoner promising to be of good behaviour for two years.

I shall explain to the five prisoners what this means and ask each in turn if he understands and if he promises.

THE HON ROBIN MILLHOUSE QC
Chief Justice