Republic v Ioane [2017] KIHC 29; Criminal Case 22 of 2017 (15 September 2017)

IN THE HIGH COURT OF KIRIBATI 2017

CRIMINAL CASE NO. 22 OF 2017

[THE REPUBLIC PROSECUTOR
[
BETWEEN [AND
[
[KAWANROO IOANE ACCUSED

Before: The Hon Chief Justice Sir John Muria

13 September 2017

Mr Waimauri Nawaia for the Prosecutor
Mr Kiatoa Iaoniman for the Accused

JUDGMENT ON SENTENCE

Muria, CJ: The accused pleaded guilty to common assault committed upon his wife. He reconciled with his wife and they are now still living together. He apologised and promised his wife not to repeat what he did.

He is 43 years old and this is his first brush with the law.

The accused is the only breadwinner in the family. He has responsibility to feed, clothe and educate his children who are presently attending primary and high schools.

A custodial sentence now will have a drastic effect on his family, especially his children.

The cases referred to by both Counsel are distinguishable. This case clearly merits the Court to give the accused another chance to prove himself that he is a good citizen of Kiribati, a good father to his children and to be a responsible husband.

In the circumstances, the Court feels that a binding over on a good behaviour bond is appropriate. But to make it meaningful to him and his relationship with his wife and children, the accused will have to sign a promise before this Court that he will do as he promised, that is, not to repeat what he did to his wife.

SENTENCE: The accused is bound over on his own recognizance to be of good behaviour for a period of 12 months.

Dated the 15^th day of September 2017

SIR JOHN MURIA
Chief Justice

❖ The accused has given his signed promise not to assault his wife again, a copy of which is left with the Court.