Republic v Timau [2012] KIHC 40; Criminal Case 25 of 2011 (12 September 2012)

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

HIGH COURT CRIM CASE 25 OF 2011

BETWEEN:

THE REPUBLIC
PROSECUTOR

AND:

MAREETA TIMAU
ACCUSED

FOR PROSECUTOR: PAULINE BEIATAU
FOR ACCUSED: ARIAN ARINTETAAKE
Date of Hearing: 10th September 2012

SENTENCE

Mareeta Timau, you have pleaded guilty to charges of 'Acts Intended To Cause Grievous Harm' which attracts a penalty of life imprisonment and 'Fighting' which attracts a penalty of a fine of $100 and imprisonment of 1 year.

On the 12 January 2011, at the High Court office in Betio, you challenged the victim to a fight. She refused but you insisted. You fought with her and stabbed her with a knife on her chest. She tried to defend herself with her hand but you also stabbed her hand. She had to be taken to the hospital for treatment. I was told that the injuries were all healed now.

Mitigating factors were submitted to this court by your Counsel. These are as follows:

- That you pleaded guilty at the first instance,
- That you have 5 children to support, one of them is still very young, 10 months old whom you still breastfeed,
- That you had expressed remorse, you and your husband had apologized to the victim, and
- That the victim accepted your apology.

In line with the above mitigating factors, your Counsel requested a suspended sentence to be imposed upon you.

What you did was a very serious crime which attracts a life imprisonment penalty. In your favor, the Prosecutor confirmed that your apology had been accepted by the victim. It was also submitted by Prosecutor that the victim recommended a suspended sentence for you as she felt sorry for your small baby.

Both sides referred this Court to the case of R v Stanley Flood [2012] KIHC 12 as supporting authority for a suspended sentence. In that case the accused pleaded guilty to charge of manslaughter and was given a suspended sentence. The Court in that case considered all relevant factors raised before it when deciding the accused's sentence.

In the circumstances of this present case, this Court considers that the appropriate sentence is one of 16 months' imprisonment for 'Acts Intended To Cause Grievous Harm' and 2 months for 'Fighting' and a fine of $50, the sentences are to run concurrently but to be suspended for two years. If you commit any offence at all within the next two years these sentences will be imposed upon you plus any other sentence imposed on the offence you commit.

Dated 12th September 2012.

...........................................
TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT