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R v Nakiata [1967] KILawRp 1 (13 April 1967)

[1979] KLR 133

IN THE HIGH COURT OF KIRIBATI
At Bairiki

Case No 3 of 1967

R

v

BIRA NAKIATA
AND
RUKA NAKIATA

Bodilly C.J
Murder
10th, 11th, 12th and 13th April 1967

Plea Not Guilty.

Deceased was a notorious bully on Butaritari and after previous fight on 18/12/67 for which 1st Accused apologized, deceased attacked 1st Accused with a knife on 22/12/67 and 1st deceased seized a spear over which both of them fought during which fight 1st Accused injured deceased with the spear and left him for dead - 2nd Accused, brother of 1st Accused, came to help his brother and thought decease had killed him so he beat deceased, who was not yet dead, with a stick on the head as he lay in the ground - self-defence not accepted - provocation - reduced to Manslaughter - 1st Accused given 2 years' imprisonment 2nd Accused given 1 year imprisonment - both young, married with families and good characters.