Republic v Kourabi - Sentence [2018] KIHC 20; Criminal Case 29 of 2017 (22 May 2018)

IN THE HIGH COURT OF KIRIBATI 2018

CRIMINAL CASE NO. 29 OF 2017
(HELD ON KIRITIMATI ISLAND)

[REPUBLIC PROSECUTOR
[
BETWEEN [AND
[
[TEBAATEI KOURABI ACCUSED

Before: The Hon Chief Justice Sir John Muria

17 May 2018

Ms Pauline Beiatau for Prosecutor
Mr Reiati Temaua for Accused

SENTENCE

Muria, CJ: The accused, Tebaatei Kourabi, has been found guilty and is convicted on one count of Possession of Indian Hemp. He was found guilty after trial. He therefore lost the benefit of a guilty plea.

The accused’s position is made serious since he is a Government officer in the Ministry of Fisheries. He should be staunch in curbing illegal activities, such as possessing prohibited drugs. Had he taken the substance (Indian Hemp) to the police immediately after he found it, he would be a great service to himself and people of Kiribati. Instead, he kept it and used it, knowing very well that what he had in his possession was a drug.

I bear in mind the mitigating factors submitted on his behalf by Mr Temaua. He is a family man and sole bread-winner. He has family obligations. He cooperated with the police. He is a first offender. This is his first brush with the law. There was some delay in bringing the case to the Court. However, taking into account the fact that the High Court only comes to Kiritimati Island twice in a year, the delay in the Court’s view does not bear heavily on the case as well as on the accused.

Drug is an evil that must not be allowed to plague Kiribati, in particular the people in their local communities. The Court must show that those who possess, use or encourage the use of illicit drugs must know that it does not pay to be dealing with drugs. As the element of deterrence must be demonstrated in the sentences imposed on those convicted of offences such as being found in possession of Indian Hemp or marijuana.

The Court bears in mind that the accused’s employment in this case might be affected as a result of his conviction. That is a matter for the responsible authorities.

Taking into account all that has been said on his behalf and on behalf of the prosecution, I feel that the appropriate sentence in this is one of a fine, the level of which must reflect a deterrent effect.

The sentence of the Court is one of a fine of $ to be paid by
30 June 2018 in default the accused to serve four months’ imprisonment.

Dated the 22^nd day of May 2018

SIR JOHN MURIA
Chief Justice