Republic v Kimaere [2011] KIHC 36; Criminal Case 75 of 2010 (27 September 2011)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
Held at Betio
Republic of Kiribati

High Court Criminal Case 75 of 2010

The Republic

v

Tekantoa Kimaere

BEFORE: THE HON SIR JOHN MURIA CJ

Ms Pauline Beiatau for the Republic
Ms Taoing Taoaba for the Accused

Date of Hearing: 27 September 2011

SENTENCE

Tekantoa Kimaere: you have been charged with murder originally. However the prosecution has accepted your guilty plea to manslaughter and common assault.

As correctly put by Ms Beiatau of Counsel for the prosecution, the circumstances of the offence were very serious indeed. The only thing that saved you from the charge of murder is the absence of intent to kill the victim who was your girl friend. But you had violently beaten her in anger powered by your stupefaction and as a result you caused the death of your girl friend.

You will no doubt remember for years to come that you caused the death of an innocent friend of yours. It is hoped that your life will change so that you will be a good citizen and good neighbour to those around you especially the victim's family.

Your action has also caused three innocent children to be without their mother. I hope you will remember that and do something to help those children as soon as you serve your sentence.

The circumstances of this case clearly merit a custodial sentence. The length of that custodial sentence must commensurate with the gravity of the offence.

I take into account all that had been ably submitted by Ms Taoaba on your behalf including the fact that you are a first offender and that you pleaded guilty to the charges.

The circumstances of this case merit a sentence of:

Count 1 5 years' imprisonment

Count 2 6 months' imprisonment

Sentences are to be concurrently served.

The sentences to start from today.

Dated the 27th day of September 2011

SIR JOHN MURIA
Chief Justice