Home | Databases | WorldLII | Search | Feedback High Court of Kiribati

Republic v Obeta [2010] KIHC 104; CRC 37 of 2010 (21 October 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

Held at Betio
Republic of Kiribati

High Court Criminal Case 37 of 2010

THE REPUBLIC

V

TERURU OBETA
BINAUEA TOKAATU

For the Republic: Ms Pauline Beiatau
For the 1st Accused: Ms Maere Kirata
For the 2nd Accused: Ms Abunaba Takabwebwe

Date of Hearing: 21 October 2010

SENTENCE

Binauea Tokaatu: you have pleaded guilty to murder. I sentence you to life imprisonment: the only penalty which may be imposed for murder. I have to consider whether to fix a non-parole period. If I do not fix a different non-parole period it will be 10 years.

You are 21 years old. Ms Takabwebwe has pointed out that you have no previous convictions and that you pleaded guilty. These things are in your favour and mean a lesser sentence than otherwise. You support your mother and stepfather. Ms Takabwebwe has submitted that I should fix a non-parole period much less than 10 years. The prosecutor, Ms Beiatau has supported the submission.

Yet this was a bad crime. Repeatedly to hit a helpless drunken man while he was sleeping, to hit him until he died was a terrible thing to do. Normally I would not be inclined to fix any non-parole period, leave it at 10 years but you should get some benefit particularly for the plea of guilty.

I fix the non-parole period at 7½ years.

Dated the 22nd day of October 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice