Republic v Tamaroa [2009] KIHC 71; Criminal Case 71 of 2008 (10 September 2009)

IN THE HIGH COURT OF KIRIBATI]
CRIMINAL JURISDICTION

High Court Criminal Case 71 of 2008

Held at Betio
Republic of Kiribati

THE REPUBLIC

V

MAKITERA TAMAROA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Abunaba Takabwebwe

Dates of Hearing: 10 September 2009

SENTENCE

Makitera Tamaroa: In this Court you were convicted of murder and sentenced to life imprisonment. On appeal the Court of Appeal considered that there were explanations for the death of the victim other than that you deliberately strangled her with the intention to kill. A verdict of guilty of manslaughter was substituted for the verdict of murder. The judges sent the case back to the High Court for you to be sentenced for manslaughter.

The facts are in my original judgment and are also in the judgment of the Court of Appeal. I do not repeat them. On those facts I regard what you did as a bad case of manslaughter requiring a substantial penalty.

I have considered carefully the submissions Ms Takabwebwe made for you. I have looked at the earlier cases she mentioned but in your case there are none of the circumstances tending to diminish your guilt as there were in those cases.

You are sentenced to imprisonment for seven years to run from 26 January when you went into custody.

Dated the 10th day of September 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice