Republic v Tibaua [2014] KIHC 28; Criminal Case 50.2012 (18 July 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 50 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

RUTEBA TIBAUA
ACCUSED

Before: Hon Chief Justice Sir John Muria

18 July 2014

Ms Tewia Tawita for Prosecutor
Mr Banuera Berina for Accused

REASONS FOR SENTENCE

Muria CJ: You have pleaded guilty to one count of Manslaughter and one count of Wrongful Confinement. Originally you were charged with one count of Murder and one count of Wrongful Confinement.

I have listened very carefully to the sentencing submissions both by the prosecution and your lawyer on your behalf. They do not change the fact that what you did was tragedy and a sad one – because an innocent life had been cut short by your action. You will have to live with the thought of that for the rest of your life.

In this case the only thing that spares you from the maximum punishment for what you did is that you did not intend to kill the deceased. Nevertheless you have callously cut her life short.

I have given you credit for your guilty plea to manslaughter. The case of Teratabu –v- Republic (2008) KICA 2 shows that you are entitled to two years reduction to what you would receive for a manslaughter conviction on a guilty plea.

I bear in mind your remorse and regret together with your cooperation with the police. I take into account also your previous clean record. You were also in good employment as a surveyor.

I hope you will not forget what you did in this case.

Taking everything into account including all that has been ably put on your behalf, I feel the appropriate sentence in this case is one of nine years imprisonment minus two years for your guilty plea making it seven years imprisonment. On Wrongful Confinement, I sentence you to six months imprisonment. The sentences are concurrent. The sentences to start when you were taken into custody.

ORDER: 1. Sentence: 7 years imprisonment for manslaughter;

2. 6 months imprisonment for Wrongful Confinement.

Sentences are concurrent and to start on the date the accused was taken into custody.

Dated the 18th day of July 2014

SIR JOHN MURIA
Chief Justice