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Republic v Kaintoka - sentence [2002] KIHC 74; Criminal Case 02 of 2002 (18 June 2002)

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

High Court Criminal Case No. 2/ 2002

THE REPUBLIC

vs

TEKAURIRI KAINTOKA

For the Republic: Ms Ereta Bruce
For the Accused: Ms Batitea Tekanito

Date of Hearing: 3, 4, 5 & 6 June 2002

SENTENCE

Tekauriri Kaintoka: On the 18^th July 2002 you were found guilty of the following offences:

Count 2: unlawful wounding contrary to section 223 of the Penal Code Cap. 67 in that at about 1700 hours on 24^th day of June 2001, North Tarawa you unlawfully wounded Nei Kaotiara Teraro by stabbing her on the head with your toddy knife.

Count 5: Throwing objects contrary to section 83A of the Penal Code Cap. 67 in that at about 1700 hours on 24^th day of June 2001 at Tabiteuea, North Tarawa, you wilfully threw an object namely a stone at Nei Watake Betero.

And by your own admission you are guilty of the following offences:

Count 3: Drunk and Disorderly contrary to section 167(d) of the Penal Code Cap. 67 in that at about 1700 hours at Tabiteuea, North Tarawa you were drunk and disorderly in a public place namely the public main road.

Count 4: Possession of weapon contrary to section 74 of the Liquor Ordinance Cap 50 in that at about 1700 hours at Tabiteuea, North Tarawa whilst under the influence of alcohol you were found in possession of a dangerous or offensive weapon namely a toddy knife.

As regards to Count 1 namely Attempted Rape contrary to section 130 of the Penal Code Cap. 67 you were not found guilty.

What you did to Nei Kaotiara was particularly nasty and dangerous as you had stabbed her on the head with your toddy knife because she refused to take off her clothes for you. There is no doubt that you had wanted to rape Nei Kaotiara had you had your way. But Nei Kaotiara herself prevented you from doing so when she grabbed your toddy knife and then both of you struggled to gain possession of it. The knife however fell off your hand and only then she managed to escape from you. Nei Kaotiara was indeed a brave young girl without which courage and foresight she would have suffered more under your hand.

The medical report on the stab wound of Nei Kaotiara on the head was not produced during the trial and therefore I am unable to determine precisely as to the extent and nature of the wound which Nei Kaotiarawa might have had suffered on the head. I am therefore inclined to think that the stab wound must have been superficial in nature as the victim appeared to be able to walk about and escape from the accused after she was wounded. And therefore I treat the wound as a minor laceration.

The offence of unlawful wounding is a serious offence (misdemeanour) which carries a penalty of 5 years’ imprisonment.

I am told you are 18 years old, single, had left school and had no employment and you are remorseful for what you have done. You are also first offender and had already spent more than one month in prison awaiting the judgment.

Now therefore and taking into account all the above I consider that for unlawful wounding a term of imprisonment of 11 months is appropriate but it will be suspended. That means you will not have to spend the 11 months in gaol if within the next two years you do not commit any other offence for which you could be imprisoned. If you do then you would be liable to be punished for that offence as well as to serve this 11 months.

Do you understand?

For Throwing Objects (count 5), Drunk and Disorderly (count 3) and Possession of Weapon (Count 4) and as all these offences arose out of the same facts and circumstances there will be no punishment imposed on you for these offences.

Dated the day of July 2002

THE HON MR JUSTICE M N TAKABWEBWE
JUDGE