In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 6 of 2006

BETWEEN:

Tematang Ietawa
Appellant

AND:

The Republic
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Ms Olga Guillen

Date of Hearing: 18 May 2006

JUDGMENT

The appellant was convicted of criminal trespass and threatening violence. The convictions arose out of the same incident. He was given three months for criminal trespass and 12 months for threatening violence. The sentences were made cumulative, 15 months’ imprisonment in all. Ms Guillen concedes that the sentences should have been made concurrent. I accept that and the appeal succeeds to that extent. The appellant served about five months in gaol before being granted bail.

The grounds of appeal are that he was not given a chance to say anything in mitigation and the sentences are excessive.

It would be ridiculous to send the appellant back to Aranuka to make submissions to the magistrates. I invited Ms Maitinnara to make submissions to me. They were that he is the sole breadwinner of the family the members of which will suffer hardship. I am afraid that is a submission often heard but which seldom leads to a lesser term of imprisonment. It does not do so here. As for the length of the terms of imprisonment I could not say, given the circumstances which Ms Guillen outlined that they were excessive.

The appeal is allowed to the extent of directing that the two terms of imprisonment be served concurrently.

The appellant’s bail is revoked.

THE HON ROBIN MILLHOUSE QC
Chief Justice