Matakite v Republic [2014] KIHC 15; Criminal Appeal 08.2013 (9 June 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL APPEAL NO. 8 OF 2013

BETWEEN

TAEA MATAKITE
APPELLANT

AND

THE REPUBLIC
RESPONDENT

Before: Hon Chief Justice Sir John Muria

9 June 2014

Ms Fuatino Noa for Appellant
No Appearance for Respondent

REASONS FOR ORDER

Having heard Ms Noa of Counsel for the appellant and reading the affidavits filed in support together with the circumstances of the case itself, I feel a sentence of one year imprisonment is not inappropriate. It is within the discretion of the Magistrate to impose on the appellant taking into account the appellant's guilty plea.

I accept the submission by Ms Noa that the appellant is a first offender. The assault was only one punch to the side of the victim's face. The wound was not a serious wound. The circumstances justified the sentence being suspended.

The appeal is allowed.

The sentence is varied by having it suspended in full for 12 months. The period of suspension commenced as from 25 November 2013.

ORDER: (1) Appeal allowed;

(2) Sentence of one year imprisonment remains but varied by having it suspended for 12 months;

(3) The 12 months suspended period commenced on 25 November 2013.

Dated the 9th day of June 2014

SIR JOHN MURIA
Chief Justice