Republic v Dan [2013] KIHC 28; Criminal Case 36-12 (2 July 2013)

IN THE HIGH COURT OF KIRIBATI 2013

CRIMINAL CASE NO. 36 OF 2012

BETWEEN

[THE REPUBLIC
PROSECUTOR

AND

[BWEBWETAAKE DAN
[TANIERA DAN
ACCUSED

Before: Hon Chief Justice Sir John Muria

2 July 2013

Ms Tewiia Tawita for Prosecution
Ms Arian Arintetaake for Accused

SENTENCE

Muria CJ: You both pleaded guilty to the charge of Grievous Harm with Intent brought against you. You admitted your wrongs to the police right from the start.

I take it that you are both of previous good characters. Although (the first accused) you have two prior convictions for drinking underage, an offence unrelated to your present one and it was some seven years ago.

The case arose out of a fight with the victim. The Court can understand that because the victim attacked one of you, as brothers, you were driven to help the other.

However, the injuries you caused to the victim because of your combined assault on him were serious. The victim lost one tooth, a dislocated jaw, swollen eyes and you left him only after he was unconscious. Your actions merit custodial sentence.

In your case, your guilty pleas and your apologies to the victim have considerably mitigated your sentences. You are both young and I hope you will learn from your mistakes. The appropriate sentences in your case should be:

1st Accused	12 months' imprisonment
2nd Accused	12 months' imprisonment

The circumstances of your case justify that your sentences be not served but suspended for 12 months on the condition that you be of good behaviour.

ORDER:	Both accused sentenced to 12 months' imprisonment
	Suspended for 12 months

Dated the 24th day of July 2013

SIR JOHN MURIA
Chief Justice