Republic v Kakati - Sentence [2014] KIHC 27; Criminal Case 60.2012 (4 July 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 60 OF 2012

BETWEEN

THE REPUBLIC PROSECUTOR

AND

IOTEBA KAKATI ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

24, 25, 26 & 27 June 2014

Mr Taburuea Rubetaake for Prosecutor
Mr Raweita Beniata for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by both Counsel. The convict is a first offender. He was provoked into the fight. On the other hand he used excessive force when he could have fought off the deceased who was drunk without inflicting injuries to the vulnerable part of the body.

As I found in my judgment, this was a borderline case where a verdict of murder could have been turned. Considering all the circumstances of the case and doing the best I can I find that a sentence of six years imprisonment is appropriate. The convict is sentenced to the period of six years imprisonment.

Dated the 4th day of July 2014

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge