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Regina v Naaua [1979] KIHC 22; 1979 KILR 72 (21 June 1979)

[1979] KIHC 22; [1979] KILR 72

HIGH COURT OF THE GILBERT ISLANDS

Criminal Revision Case No 11 of 1979

REGINA

v

KAUTI NAAUA

(O'BRIEN QUINN C.J.)

Betio: 21st June 1979

Criminal Revision order - section 81(1) of the Magistrates' Courts Ordinance 1977 - unlawful wounding - sentence - 6 months' imprisonment too lenient - heavier sentence should be passed where knives are used.

The accused, a young man of 20 years of age with no previous convictions, was sentenced to 6 months' imprisonment by the Abemama Magistrates' Court for unlawful wounding. The two wounds inflicted by a knife were serious and there was no provocation. The case was called for review by the High Court and it was -

ORDERED: That, although the High Court was precluded from enhancing the sentence, it was pointed out that in crimes involving violence, particularly where a knife was used, custodial sentences of not less than 12 to 18 months' should be passed even where the accused is a first offender.

Authorities referred to:-

R v Teru Baneki High Court Criminal Revision Case No 7 of 1979 (unreported)

O'BRIEN QUINN C.J.:-

This case came to my notice on perusal of the Monthly Return of Criminal Cases for May 1979 and I called for the Record under the provisions of section 81(1) of the Magistrates' Courts Ordinance 1977 (No 17 of 1977).

2. The accused was convicted on his own plea of the unlawful wounding of Ioteba Bobai at Kariatebike on Abemama and was sentenced to 6 months' imprisonment on 2nd May 1979 by the Magistrates' Court for the Abemama Magisterial District.

3. The accused had no previous convictions and his age is 20 years. However, the wounding was a particularly bad one consisting of two distinct wounds. The first wound was on the right side of the navel and was 2¹/₂ inches deep and 2 inches long and it caused parts of the intestine and bowel to protrude. The second wound was on the left side of the abdomen and was 6 inches long and ¹/₄ inch deep. The wounds required the transfer of the injured party to Bikenibeu for treatment. Further, the attack was unprovoked.

4. I have had occasion to remark before in High Court Criminal Revision Case No 7 of 1979 that crimes of violence, particularly those involving the use of knives, should not be treated leniently, and I consider that the sentence of 6 months' imprisonment, even for a young man of 20 years of age, far too lenient.

5. I am precluded, however, from increasing the sentence by virtue of section 81(2) (a) of the Magistrates' Courts Ordinance 1977 and I can, only order that in future cases of violence involving the use of knives Magistrates' Courts should give much heavier sentences and, without interfering with Magistrates' discretion, I would suggest that nothing less than a sentence of 12 months to 18 months ought to be passed in such cases even where the accused is a first offender.

6. The Attorney General is requested to bring this Order to the notice of Police Prosecutors so that they may draw the attention of Magistrates' Courts thereto when the question of sentence in such cases is under consideration.

7. The Sentence passed by the Magistrates' Court in this case will, however, remain unaltered.