Republic v Teitikai [2010] KIHC 22; Criminal Case 44 of 2009 (10 February 2010)

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

High Court Criminal Case 44 of 2009

THE REPUBLIC

V

KAIBOBOKI TEITIKAI

For the Republic: Ms Taaira Timeon
For the Accused: Ms Abunaba Takabwebwe

Date of Hearing: 10 February 2010

SENTENCE
(Ex Tempore)

You have pleaded guilty to driving without a licence: an offence by s.19 of the Traffic Act with a maximum penalty of imprisonment for one year or a maximum fine of $500.00 or both. You are a police officer.

Ms Takabwebwe has pointed out that you have pleaded guilty and this is your first offence. Those two things are in your favour when fixing sentence. Ms Takabwebwe has told me of your family situation.

The prosecutor, Ms Timeon has not denied the accuracy of Ms Takabwebwe’s other submissions: that someone more senior in the police force took your licence (and those of others) to have it validated: that it was not validated and the licence was allowed to get out of date. It was your responsibility to make sure it was valid before you drove a vehicle but the responsibility for your driving unlicensed must be shared by your superiors in the police force.

Ms Takabwebwe has asked that I give you the benefit of s.38 of the Penal Code and dismiss the charge. I cannot do that: this was not a trivial offence and there are no sufficient extenuating circumstances. However I hope that in the circumstances of the case, this conviction will not give the Commissioner reason to deal with you severely.

You are fined $100.00.

One month to pay: in default of payment imprisonment for 14 days.

THE HON ROBIN MILLHOUSE QC
Chief Justice