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Republic v Nakara - Sentence [2006] KIHC 128; 41-06 (20 November 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 41 of 2006

THE REPUBLIC

v

KAATA NAKARA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Banuera Berina

Date of Hearing: 10 November 2006

SENTENCE

Kaata Nakara: you have pleaded guilty to three offences under the Traffic Act. They occurred on 26 January 2003 on the road from Main Camp to Banana village on Kiritimati Island. You were over there visiting your parents.

At the time you committed the offences the maximum penalties under the Traffic Act were:

Dangerous driving causing death - a fine of not more than $2,000 or imprisonment for not more than five years or both

Driving without a licence - a fine of not more than $500 or imprisonment for not more than one year or both

Driving under the influence of alcohol - a fine of not more than $250.

It happened early in the morning. You were driving a pick-up and had passengers. You were very drunk. You were going fast: more than 80 kph. Approaching Banana, a group of people was on the road in front of you. You seemed to continue on without taking any notice of them. The woman sitting next to you grabbed the steering wheel. You lost control, hit the deceased and he died.

You are now 23 years old, not married. You went to Moroni High School. Since this happened you have become committed to the Church of Jesus Christ of Latter Day Saints. You served as a missionary in New Zealand for two years from 2004-2006. You have not driven a vehicle since and have not drunk alcohol. Apology by your parents who live on Kiritimati has been accepted. You were only 19 at the time. You have done as much as you could to shew remorse. These things are in your favour and point to leniency as are the facts that you were not charged for 3½ years, had this hanging over you all this time, that this is your first offence and you have pleaded guilty.

Yet causing death by dangerous and drunken driving is a terrible thing which, as Mr Berina conceded, must lead to a term of imprisonment. I have considered whether I may properly suspend the sentence of imprisonment for causing death by driving because of your remorse and change of lifestyle. I cannot do so. The circumstances of the tragedy are too serious.

For driving without a licence you will be fined $100.00.

For driving under the influence of alcohol, you will be fined $50.00.

For dangerous driving causing death you will be imprisoned for one year.

You went into custody on 10 November and your sentence will run from that day.

One month to pay the fines.

Dated the 20th day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice