Republic v Afonso - Sentence [2016] KIHC 6; Criminal Case 29 of 2016 (7 June 2016)

IN THE HIGH COURT OF KIRIBATI 2016

CRIMINAL CASE NO. 29 OF 2016
(HELD ON KIRITIMATI ISLAND)

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

JOAO AFONSO
ACCUSED

Before: The Hon Chief Justice Sir John Muria

6 &7 June 2016

Ms Pauline Beiatau for Prosecutor
Ms Taoing Taoaba & Mr Aomoro Amten for the Accused

SENTENCE

Muria, CJ: The accused, a Portuguese national, is convicted on Count 1 on his own plea of guilty. I give him credit for his guilty plea.

I also take into account the fact that he cooperated with the authority throughout.

I accept that the drugs (marijuana) is part of his prescribed medicinal treatment. Unfortunately he came to Kiribati where marijuana is not a medicinal treatment but a prohibited import.

He has also been found guilty after trial on Count 4 for falsely or misleading the authority responsible for Immigration by his declaration.

The prosecution asks for fine and imprisonment in this case. I have to bear in mind that the doctor’s evidence shows that the accused’s health is a factor which I can take into account.

In the circumstances of this case, the appropriate punishment would be one of a fine. An imprisonment sentence would require that the medical authority here in Kiritimati Island would have to carry further burden of ensuring that the accused’s illness as disclosed in the affidavit are met. I feel it would serve no punitive purpose in his incarceration in Kiritimati Island.

I do not think confiscation of his yacht is appropriate in this case. The marijuana found in his yacht was 0.03 grams weight and it was his medicinal treatment, except that here in Kiribati it is not allowed by law. The case is a prosecution by Attorney General – case is properly brought. For the above reasons:

SENTENCE: Count 1 $1,600.00 fine in default 3 months’ imprisonment

Count 2 Fine $400.00 in default 1 month’s imprisonment

Dated the 7^th day of June 2016

SIR JOHN MURIA
Chief Justice