Republic v Teaei - Sentence and Reasons [2015] KIHC 68; Criminal Case 32 of 2012 (20 August 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 32 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TEKAEI TEAEI
KAERE TEKAEI
ACCUSED

Before: The Hon Justice Vincent Zehurikize

Mr Taburuea Rubetaake for Prosecutor
Mr Reiati Temaua for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by all Counsel in respect of their respective clients' cases. The convicts who are father and son stand convicted of Manslaughter contrary to s.197 of the Penal Code and Grievous Harm contrary to s.218(a) of the Penal Code.

I have in particular considered the fact that the first convict pleaded guilty thereby saving the Court's time and scarce resources. It must also be remembered that the second convict also offered to plead guilty to manslaughter but the prosecution declined the offer thereby leading the Court into a full trial only to end up with a manslaughter verdict.

The convicts are first offenders and both are said to be having family responsibilities. Both convicts, after jumping bail, have been on remand for two years and four months. This period must be taken into account when passing sentence.

They are neighbours of the victim and it is contended that they are remorseful and sorry for the crime they committed. On the other hand they committed serious offences carrying the maximum sentences of life imprisonment. Counsel have referred to a number of cases in which this Court and the Court of Appeal have imposed sentences to convicts in similar cases.

I must, however, state that while previous decisions are of guidance to the Court, each case must be decided on its peculiar facts. The peculiar facts of this case are that the convicts set out to storm the home of the victims while armed with deadly weapons. The first convict had a sword that is normally used by gladiators – long and sharp. The second convict was armed with a spear – quite a lethal weapon. This was a borderline case between murder and manslaughter.

I find that the facts of this case are quite different from the facts of the cases cited to me. Taking a person's life cannot be treated lightly or casually. The sentence should be such as to reflect the gravity of the offence.

Having considered all the circumstances of the case and bearing in mind the period the convicts spent on remand which period I have deducted before the sentences I am going to impose, I hand out sentences as follows:

(I) The first convict is sentenced to a term of eight years' imprisonment for the offence of Manslaughter and three years for the offence of Causing Grievous Harm with intent. The sentences shall run concurrently. He is eligible for parole after serving five years' imprisonment.

(II) As regards the second convict, bearing his role in causing the death of the deceased, I sentence him to a term of 12 years' imprisonment and on the offence of Causing Grievous Harm with intent I sentence him to a term of three years' imprisonment. The sentences shall run concurrently. He will serve a non-parole period of eight years' imprisonment.

Dated the 20th day of August 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge