Republic v Oben [2015] KIHC 69; Criminal Case 9 of 2014 (8 October 2015)

HIGH COURT OF KIRIBATI

HIGH COURT CRIMINAL CASE NO. 9 OF 2014

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TABUAREREWA OBEN
ACCUSED

8 October 2015

Ms Pauline Beiatau for Prosecutor
Mr Aretaake Ientaake for Accused

RULING ON SENTENCE

Zehurikize, J: The convict was indicted for Murder contrary to section 193 of the Penal Code and Attempted Murder contrary to section 208(a) of the Penal Code. He pleaded guilty to both offences.

The brief facts of the case are that the convict drank alcohol from the neighbourhood of the deceased and the victim of attempted murder. The deceased was a mother of the victim in the attempted murder. They were sleeping on their kiakia (raised house) at the time of the attack.

When the accused got drunk, but without any known motive, he went to the victim's raised open house and stabbed the deceased. She fell off the kiakia. Then he jumped on the kiakia and attacked her daughter, and also stabbed her. She made an alarm upon which people came and the convict moved away. He was arrested and charged.

I have considered submissions by both Counsel. The convict appears to be a first offender. He has pleaded guilty thereby saving the Court's time and scarce resources.

On the first count of Murder, Court has no discretion. The sentence imposed by law is mandatory. Therefore I sentence him to imprisonment for life as dictated by law. However the law gives the Court discretion to fix a non-parole period. Having considered as above and taking into account the circumstances of the convict who could have been influenced by alcohol, but also considering the savage manner in which he attacked the victim with a deadly weapon to wit a knife, I fix a non-parole period at 12 years, after which he may be considered for parole.

On the second count of Attempted Murder I take into account the same considerations namely that he has pleaded guilty thereby saving the Court's time and scarce resources and that he appears to be a first offender, but his conduct was most unwarranted as no motive was behind this wanton attack.

Taking into account all the circumstances of this case and doing the best I can I sentence the convict to a term of eight years' imprisonment. Both sentences shall run concurrently.

Right of appeal explained.

Dated the 9th day of October 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge