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Republic v Tabouea [2004] KIHC 216; Criminal Case 43 of 2004 (26 August 2004)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case No. 43 of 2004

THE REPUBLIC

vs

TEITIRERE TABOUEA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Banuera Berina

Date of Hearing: 24 August 2004

SENTENCE

Teitirere Tabouea: you have pleaded guilty to causing grievous harm. That is a crime which has a maximum penalty of seven years’ imprisonment. You had been charged with the more serious crime of causing grievous harm with intent. The prosecution did not go on with that charge to which you were going to plead not guilty. On the morning of your trial you were charged instead with causing grievous harm and you straight away pleaded guilty.

On Sunday 16 May this year between eight and nine o’clock in the evening you attacked the victim, a young man of 23, with a knife and you injured him seriously. He lost 1½ litres of blood. I was told that if he hadn’t been taken to the hospital immediately he was likely to have died. As it was he spent two weeks in hospital.

You didn’t know him. He was walking along the road. Mr Berina said he was drunk and calling out and this annoyed you. That gave you no reason or excuse to attack him. You shone your torch in his face: then stabbed him in the left side. The knife broke: you struggled together. Others separated you. You tried to run away but were held until the police arrived.

It was an attack not provoked in any way, a dreadful thing to do to anyone, let alone an unarmed man. That you were drunk is no excuse and doesn’t affect your guilt. You have lived a subsistence lifestyle. There is some suggestion of your wife apologizing to the victim for you but the apology was not accepted.

In your favour is that this is your first offence and that you pleaded guilty as soon as you could. These things mean a much lesser sentence of imprisonment than you would otherwise have received.

You are sentenced to 18 months’ imprisonment. The sentence will date from 25 May since when you have been in custody.

Dated the 26th day of August 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice