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Republic v Betero [2004] KIHC 221; Criminal Case 44 of 2004 (2 September 2004)

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

High Court Criminal Case No. 44 of 2004

THE REPUBLIC

vs

TENNEKE BETERO

For the Republic: Mr Eveata Maata
For the Accused: Ms Botika Maitinnara

Date of Hearing: 1 September 2004

SENTENCE

Tenneke Betero: you were charged with causing grievous harm with intent. You pleaded not guilty to that but guilty of causing grievous harm. The maximum penalty for causing grievous harm is seven years’ imprisonment.

During the morning of Saturday 13 December last year you and the victim Itimeata and two others were drinking some kind of alcohol at your house at Tabiang village on Abemama. The other two left. You and Itimeata went on drinking and began quarrelling. As your wife was in an advanced state of pregnancy you wanted Itimeata to leave the house. He had been staying with you. Itimeata said he would not go: there were other houses to which she could go to have the baby. You said you’d make him go and attacked him with a toddy knife. He suffered nasty stab wounds to his left arm and his right upper arm. He bled a lot and was only partly conscious when seen by the Medical Assistant. Each wound needed eight to nine stitches.

Itimeata acted provocatively but that did not give you an excuse to attack him with a knife.

You are 32 years old, married with two young children. You are the only provider for the family. You live a subsistence life style.

You have one previous conviction, in 1999, criminal trespass for which you were fined $10. I ignore it when considering the penalty to impose on you and shall sentence you as if this were your first offence. That is in your favour as is your plea of guilty. Also that the victim was acting provocatively and probably unreasonably. Those three things mean a lesser penalty than otherwise you would have received.

Nevertheless what you did was very bad conduct. Attacking a man with a toddy knife. The wounds certainly were grievous bodily harm. You deserve a term of imprisonment.

Ms Maitinnara asked that the sentence be suspended. There is no reason why it should be suspended and people must know that if they attack others in this way they are likely to serve a time in gaol.

You are sentenced to six months’ imprisonment to run from yesterday when you went into custody.

Dated the 2nd day of September 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice