Republic v Tirae - Ruling on Sentence [2015] KIHC 21; Criminal Case11.2014 (10 May 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 11 OF 2014

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

MANIKAI TIRAE
ACCUSED

Before: The Hon Justice Vincent Zehurikize

16 & 17 March & 10 April 2015

Ms Pauline Beiatau for Prosecutor
Ms Kiata Kabure for Accused

RULING ON SENTENCE

Zehurikize, J: The convict after full hearing was found and convicted of Manslaughter contrary to section 192(1) of the Penal Code. Thereafter Ms Beiatau for the Republic and Ms Kabure, Counsel for the convict, filed written submissions.

The gist of submissions for the State/Republic is to the effect that the convict committed a very serious offence and should be handed a custodial sentence. On the other hand Ms Kabure for the convict prayed for a suspended sentence.

I have considered submissions by both Counsel. It is noted that the convict is a first offender. But on the other hand he committed a serious offence of causing the death of his wife before their children upon a mere family quarrel. This was a borderline offence as he could easily have been convicted of murder had he not originally indicated that he was ready to plead guilty to manslaughter but only to turn around when the facts were narrated to him.

The punching of the deceased and hitting her with a piece of timber of size 2" by 4" was uncalled for on the facts of the case. He assaulted her merely because she had not paid for electricity.

It has been submitted that the convict is the sole bread earner for his family and that any custodial sentence would adversely affect the family. But on the other hand brutality by the head of a family must be seen to be condemned.

All in all and doing the best I can I sentence the convict to a term of six years' imprisonment.

Dated the 1st day of May 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge