Republic v Manate [2009] KIHC 9; Criminal Case 62 of 2008 (5 March 2009)

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

High Court Criminal Case 62 of 2008

The Republic

v

Abitam Manate

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Mantaia Kaongotao

Date of Hearing: 4 March 2009

SENTENCE

Abitam Manate: you have pleaded guilty to dangerous driving causing death and to driving under the influence of alcohol.

It happened early on the morning of 1 March 2008 at Teaoraereke. You were driving a vehicle toward Bikenibeu. You had been drinking all night: had consumed a carton of beer: a huge amount. You were driving fast. The passenger sitting next to you asked you to slow down. You did not slow down. You went to sleep. The car veered across the road and hit a breadfruit tree. The victim, a passenger in the back seat, sustained injuries from which she died.

By section 31 of the Traffic Act for dangerous driving causing death I must impose a sentence of imprisonment of not less than 10 years unless there are exceptional circumstances. I have read your affidavit which is a plea of leniency but I can see in your case no exceptional circumstances. I sentence you to 10 years’ imprisonment. The term will run from Wednesday 4 March when you went into custody.

Your driver’s licence is cancelled and you are disqualified from holding a driver licence for 10 years.

For driving under the influence of alcohol you are fined $250.00.

Time to pay? Three months to pay: in default of payment imprisonment for one month.

Dated the 5th day of March 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice