Republic v Abua [2010] KIHC 55; Criminal Case 54 of 2009 (15 February 2010)

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

High Court Criminal Case 54 of 2009

THE REPUBLIC

V

TANGARE ABUA
TAUKABWAN TIOTI

For the Republic: Ms Tewia Tawita
For the Accuseds: Mr Banuera Berina

Date of Hearing: 15 February 2010

NON-PAROLE PERIOD

Both prisoners have pleaded guilty to murder.

It was a terrible crime. Some time before his death the deceased had come to the house of Tangare’s mother where she was living with a man named Rue. The victim had challenged Rue to a fight and had insulted Rue. Rue did not respond to the challenge. This brought shame on the family. Tangare knew of this.

One night later Tangare and his cousin Taukabwan were drinking fermented yeast. Tangare saw the victim with friends nearby. He told Taukabwan that this was the man who had brought shame on the family.

The two of them took stones. They stoned the deceased to death as he slept.

The prosecutor, Ms Tawita submitted that because of the nature of the crime I should fix a non-parole period longer than 10 years.

Mr Berina, counsel for the prisoners, submitted that because of the age and circumstances of the prisoners I should fix a non-parole period less than 10 years. At the time of the crime Tangare was 14 and Taukabwan 16. They are now respectively 16 and 19 years old.

If it were not for their youth I may well have fixed the longer non-parole period. Because they were so young I have decided that I should not. On the other hand, even accepting in their favour all Mr Berina’s submissions, because of the nature of the crime, I could not reduce the non-parole period below 10 years.

I do not, therefore, fix a non-parole period.

Dated the 18th day of February 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice