Republic v Teitiaki [2010] KIHC 3; Criminal Case 25 of 2008 (21 January 2010)

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

High Court Criminal Case 25 of 2008

THE REPUBLIC

V

BURAKAI TEITIAKI

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Raweita Beniata

Date of Hearing: 21 January 2010

NON-PAROLE PERIOD

On 17 September 2008 the prisoner, Burakai Teitiaki, was convicted of murder and sentenced to life imprisonment.

I did not at the time consider whether or not to fix a non-parole period. I have now been asked to do so.

I have had submissions from Ms Beiatau for the Republic and Mr Beniata for the prisoner.

Mr Beniata has told me of the prisoner’s personal circumstances. Between the time of the incident and his trial the prisoner married and now has a daughter. He is 19 and was only 17 in November 2006 when the crime was committed. He has no previous convictions.

Ms Beiatau referred me to my sentencing remarks in The Republic v Iabeta Ioane and Namoriki Toatu (HCCrC 53/06).

There are two things influencing me to fix a non-parole period less than 10 years. The first is that at the beginning of the incident which led to the victim’s death the victim had been the aggressor, wanted to pick a fight. The second is the age of the prisoner at the time.

I fix the non-parole period at eight years.

Dated the 21st day of January 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice