Republic v Teebwaki [2023] KIHC 40; Criminal Case 61 of 2021 (4 May 2023)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CRIMINAL CASE 61 OF 2021

BETWEEN	THE REPUBLIC Prosecution
AND	TIMITA TEEBWAKI Accused

Appearances:	Senior Public Prosecutor, Mr Tabotabo Auatabu, for the Republic Mr Taburuea Rubetaake, for the convict
Date of Ruling:	4 May 2023

SENTENCE AND PAROLE PERIOD RULING
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1. Timita Teebwaki, 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. Mr Auatabu, for the prosecution strongly submitted that a parole period of ten years or more should be applied in your case. The circumstances of your offending as stipulated by Mr Auatabu include serious fighting taking the life of a young man. In addition, you have previously convicted for fighting showcasing your mannerism and attitude as a man with anger.
   
4. Another important issue raised by the prosecution is the need to deter you and others who will offend to this extent, taking a precious life because of the abuse of alcohol and bad mannerism (a fighter). The sentencing principle of deterrence is applicable in your case and the parole period will reflects the seriousness of your offending and acts as a deterrence from reoffending and for other offenders.
   
5. Mr Rubetaake, on your behalf pushed for a lesser period than 10 years, 6 to 7.5 years specifically. He supported his submission with reasons including your early guilty plea and the fact that it was not your intention to cause the death of the victim but happened after a fight.
   
6. This court accepts the first reason for your early guilty plea saving everyone’s time and more importantly the court’s scarce resources. This will be taken into account in your final parole period.
   
7. The submission by Mr Rubetaake pointing to the lack of intention to commit murder is not accepted. You have pleaded guilty to murder and one of the elements is the intention of the aggressor, yourself to commit the offence. It is vital to clarify that you can either prevent yourself from fighting or remove yourself from a fight but continuing in a fight means that you have every intention to ensure that you win the fight plus the consequences that will follow.
   
8. For your personal circumstances, you live with your parents at Betio and helped them make ends meet by working at a bakery shop.
   
9. After considering the submissions by the prosecution and your lawyer, I sentence you to life imprisonment and fix a non-parole period of the usual 10 years, after which you will become eligible for consideration for release on parole. Your sentence was to run from the first day you were taken to custody.
   

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MR ABUERA URUAABA,
COMMISSIONER OF THE HIGH COURT