Republic v Raoboia [2022] KIHC 35; Criminal Case 16 of 2021 (30 December 2022)

IN THE HIGH COURT OF KIRIBATI TE KABOWI AE RIETATA I KIRIBATI

High Court Criminal Case 16 of 2021

BETWEEN	THE REPUBLIC Prosecution
AND	IOANE RAOBOIA Accused

Appearances:	Deputy Director of Public Prosecutions, Ms Tewiia Tawita, for the Republic Mr Taburuea Rubetaake, for the convict
Date of sentence:	30 December 2022

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SENTENCE
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1. Ioane Raoboia, you have pleaded guilty to murder and for that I sentence you to life imprisonment as the only, mandatory sentence under law. The only issue to determine now is to fix a non-parole period which gives me discretion to do so under section 11(1A) of the Parole Board (Amendment) Act 2005 which set out that,
   

“where a court sentences an offender to imprisonment for life, it may, at the time of passing sentence, and having regard to the particular circumstances of the case, fix a period longer or shorter than the standard period of 10 years...”

2. It is clear from the above provision and confirmed by our highest court in Nakibae Tiiroo v Republic KICA 6 of 2009 that issues to be considered are the circumstances with respect to your offending as well as special circumstances for you personally.
   
3. Ms Tawita, for the prosecution agreed with Mr Rubetaake, your lawyer that in light of the circumstances of your offending and your personal circumstances, that the non-parole period is fixed shorter than the standard period of ten years.
   
4. Specifically, Ms Tawita, submitted that your offending is a serious one in which you hit the head of the victim with a shovel (weapon) three times causing his death as advised by the medical doctor who examined the victim. The only issue in your favor as put forth by Ms Tawita, was your early guilty plea showing your genuine remorse and the fact that this is your first time to have an issue with the law as you have a clean police record prior to your current offending.
   
5. Your counsel, Mr Rubetaake, in his able and strong submission pleaded on your behalf if the non-parole period could be shorter than 9.5 years giving options of 7.5 years, 6.5 years and 5.5 years according to the facts of your offending and the case authorities submitted.
   
6. Mr Rubetaake, further submitted that what you did was wrong but was done during a fight in which the victim, a much bigger person in built than yourself was somewhat of a bully during the commotion in which the victim did not fully pay for his ‘locally brewed alcohol’. This caused the argument and fight which resulted in yourself taking the shovel which was nearby and hit the victim’s head.
   
7. For your personal circumstances, you live with your parents at Bikenibeu and helped them make ends meet by fishing. Your grandfather has also approached the family of the victim but there is no confirmation of this.
   
8. After considering the submissions by the prosecution and your lawyer, I sentence you to life imprisonment and fix a non-parole period of 9 years, after which you will become eligible for consideration for release on parole.
   

MR. ABUERA URUAABA,
COMMISSIONER OF THE HIGH COURT