[1979] KILR 114

HIGH COURT OF THE GILBERT ISLANDS

Criminal Appeal No 30 of 1979

TEBWEREA BAKOA

v

THE REPUBLIC

(O'BRIEN QUINN C.J.)

Betio: 13th November 1979

Criminal appeal - appeal against sentence - unlawful wounding - victim and assailant drunk - no previous convictions - 9 months' imprisonment- prevalence of crimes of violence with knives - direction on sentence in crimes of violence - appeal summarily dismissed.

This appeal is reported only on the point that harsher sentences should be passed for crimes of violence involving the use of knives particularly when the parties are drunk.

HELD: That offences of wounding with knives are on the increase and a sentence of 9 months' imprisonment was not by any means too severe; if anything it erred on the side of leniency.

Authorities referred to:

Moaniba Bobai v R 1979 to G.I.L.R.
Criminal Procedure Code (Cap 7)
Sections 285 and 290(2)

O'BRIEN QUINN C.J.:-

This is an appeal against the sentence of 9 months' imprisonment passed by the Magistrates' Court for the Tabiteuea North Magisterial District sitting at Bakokoia on 25th October 1979 on the appellant, Tebwerea Bakoa, on a charge of unlawful wounding contrary to section 223 of the Penal Code (Cap 8).

2. The appellant pleaded guilty to unlawfully wounding Moriti Tongaia on the public road near Eita village Maneaba on 12th July 1979 at about 4 pm. Both he and his victim were drunk and only one wound was caused with a knife resulting in the victim's losing a lot of blood. The appellant has no previous convictions.

3. He has appealed on the grounds that the sentence was too severe in comparison with the offence committed and that no complaint was brought by the victim.

4. Offences of wounding with knives are still on the increase particularly when alcohol has been consumed in excess. A sentence of 9 months' imprisonment is not by any means too severe. If anything, I consider that it erred on the side of leniency.

5. However, I do not intend to enhance the sentence, as I could well do under the provisions of section 290(2) of the Criminal Procedure Code (Cap 7), but I would point out to all Magistrates that, in future, in cases of unlawful wounding a sentence more in the nature of two years' imprisonment would be more suitable depending on the circumstances of each case. I would also suggest that my decision in Moaniba Bobai v R (HC Cr App No 19 of 1979) be studied with care.

6. I, therefore, summarily dismiss this appeal under the powers given to me by section 285 of the Criminal Procedure Code (Cap 7) and I confirm the sentence of 9 months' imprisonment passed at Tabiteuea North on 25th October 1979.