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Kookia v Republic [2008] KIHC 61; Criminal Appeal 18 of 2008 (4 November 2008)

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

High Court Criminal Appeal 18 of 2008

BETWEEN:

Bibiana Kookia
Appellant

AND:

The Republic
Respondent

For the Appellant: Ms Kiata Kabure
For the Respondent: Ms Pauline Beiatau

Date of Hearing: 4 November 2008

JUDGMENT
(Ex Tempore)

Appeal against sentence.

The appellant is a lady of 48 from Aranuka. She has been convicted by the Aranuka magistrates of Assault Occasiong Actual Bodily Harm on a lady of 67. The appellant hit the victim a number of times with a piece of wood. The minutes of the victim’s evidence shews that she was very frightened. The magistrates found the appellant – who had pleaded not guilty – guilty and imposed a penalty of 15 months’ imprisonment. They pointed out that the maximum penalty for Assault Occasioning Actual Bodily Harm is five years’ imprisonment and simply reduced the maximum to ¼ That is not the correct method of fixing penalty. The correct method is to consider the particular crime itself – the weapon used, injuries imposed, the circumstances giving rise to the incident, the circumstances of each of the victim and the offender, whether it is a first or subsequent offence and so on. Doing so in this case 15 months is manifestly excessive: a more appropriate penalty is imprisonment for six months. The appeal is allowed, the penalty imposed of 15 months’ imprisonment is quashed: in its place a penalty of six months’ imprisonment is imposed.

Ms Kabure has asked that this penalty be suspended. Ms Beiatau has not opposed suspension. The appellant was in custody on Aranuka from 4 September. She was granted bail on South Tarawa on 31 October. Since then she has had to remain on South Tarawa. Effectively she has been away from her home and family on Aranuka for two months. She has a handicapped child. The sentence will be suspended upon condition that the appellant be of good behaviour for the next 12 months.

[Explanation given: appellant promises to be of good behaviour for the next 12 months.]

THE HON ROBIN MILLHOUSE QC
Chief Justice