Teanea v Republic [2018] KIHC 17; Criminal Appeal 16 of 2017 (21 May 2018)

IN THE HIGH COURT OF KIRIBATI 2018

CRIMINAL APPEAL NO. 16 OF 2017
(HELD ON KIRITIMATI ISLAND)

[ATABE TEANEA APPELLANT
[
BETWEEN [AND
[
[REPUBLIC RESPONDENT

Before: The Hon Chief Justice Sir John Muria

21 May 2018

Mr Reiati Temaua for Appellant
Ms Pauline Beiatau for Respondent

ORDER

Having heard Counsel for the appellant and respondent, and considering the circumstances of the case, the Court feels that the sentence is manifestly excessive in all the circumstances of the case.

The appeal against sentence is allowed.

The sentence of two years is set aside and replaced with a sentence of one year and six months.

I agree with Counsel for prosecution that suspended sentence is not appropriate in this case. The sentence of one year six months must be served.

ORDER: 1. Appeal against sentence allowed;

2. Sentence of two years set aside, substituted with a sentence of 1 year 6 months;
   

3. Sentence to be served from date of this Order.

Dated the 21^st day of May 2018

SIR JOHN MURIA
Chief Justice