Republic v Kauriri - Sentence [2015] KIHC 20; Criminal Case 31.2013 (4 May 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 31 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

KATIMANGO KAURIRI
ACCUSED

Before: The Hon Justice Vincent Zehurikize

Mr Taburuea Rubetaake for Prosecutor
Ms Arian Arintetaake for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by both Counsel as regards which sentence should be handed out. Despite the casual way the prosecution side handled the investigation and other processes prior to the hearing of this case this year, the learned State Attorney prayed for custodial sentence which would deter the other would-be offenders. I hope, in future, the time spent with the file before registering the case in Court could be such as to show this passion – to deter offenders and avoid impunity.

Be that as it may, Counsel submitted that this is a serious offence carrying a maximum sentence of life imprisonment. He prayed for a minimum of six years' imprisonment.

On the other hand Counsel for the convict submitted that the offender is an old man of about 58 years of age – in Court he said he was 59 years old. That he is a first offender. In the written submissions it is disclosed that he has an eye problem and lives with his family at Buota. It is true that the convict abused his trust as stated by the learned State Attorney.

Having considered all the circumstances of the case and doing the best I can I sentence the convict to a term of five (5) years' imprisonment. But considering his advanced age and, indeed he looks frail and could be having eye problems, the sentence of five years will be suspended for five years on account of good behaviour. If during this period he commits any other offence he will be called upon to serve this sentence in addition to any other sentence that he will be subjected to.

Since the convict has just arrived in Court, he is informed of his right of appeal against both conviction and sentence.

Dated the 4th day of May 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge