Republic v Kaiea [2015] KIHC 10; Criminal Case 07 of 2014 (2 April 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 7 OF 2014

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

KOMAERE KAIEA
ACCUSED

Before: The Hon Justice Vincent Zehurikize

2 April 2015

Ms Pauline Beiatau for Prosecutor
Mr Reiati Temaua for Accused

RULING

Zehurikize, J: This is a ruling in respect of submissions for determination of non-parole period. Under section 193 of the Penal Code once an accused is convicted of murder the sentence of life imprisonment is mandatory. In the instant case since the accused has pleaded guilty to murder I have no option but to sentence him to life imprisonment as stated by the law.

The only issue is whether he is entitled to a non-parole period of more or less than 10 years as provided in section 11 paragraph (a) subsection (1) of the Parole Board (Amendment) Act 2005.

The circumstances presented to the Court by Counsel for the convict in his written submissions are that the convict has no previous criminal record, that the victim and convict were intoxicated and that they were relatives and friends with no known motive and that there was provocation. He proposed 7½ years as the non parole period.

In reply Ms Beiatau for the Republic agreed with the 7½ years as the
non-parole period, but cautioned that the issue of provocation did not arise in view of the words spoken by the deceased.

I have considered submissions by both Counsel that this is a proper case in which to determine the issue of non-parole period. Definitely the issue of provocation does not arise because if it did exist it would have had the effect of reducing murder to manslaughter. But the convict pleaded guilty to murder. In any case there was nothing provocative about what the deceased said.

On the other hand the convict appears all along to have been cooperative. He has pleaded guilty thereby saving the Court's time and scarce resources. He has no known previous record. The deceased and the convict who were relatives and staying in the same house had no known grudge. The whole incident could have been influenced by alcohol.

Under these circumstances I sentence the convict to life imprisonment with a non-parole period of eight (8) years.

Dated the 2nd day of April 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge