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Republic v Taumoa [2010] KIHC 86; Criminal Case 30 of 2010 (1 September 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO

High Court Criminal Case 30 of 2010

THE REPUBLIC

V

KANGOA TAUMOA

For the Republic: Ms Tewia Tawita
For the Accused: Ms Abunaba Takabwebwe

Date of Hearing: 31 August 2010

JUDGMENT

Kangoa Taumoa: you have pleaded guilty to doing acts intended to cause grievous harm and to criminal trespass.

This is not your first offence. In 2001 you were convicted of unlawful wounding – an offence of the same kind as intending to cause grievous harm – and were sentenced to 18 months' imprisonment.

This time you went into the house of the victim and attacked him with a bush knife while he was lying flat on his back doing weight-lifting exercises. He was not in a position to defend himself. You inflicted four very deep cuts on his head and upper body. But for the weight-lifting bar in the way, the injuries may have been even more serious. You say you did this because of your fury over the victim's attempt to evict you from the land on which you were living. Even though you were so angry that does not excuse at all what you did.

You are 48 years old, married with children and grand children and have worked as a watchman. You and the victim who is only 23, are related. I take into account Ms Takabwebwe's submissions, in particular that you have pleaded guilty. The plea means a lesser penalty than otherwise.

Nevertheless the attack on Naaro was a very serious crime and must be severely punished.

For criminal trespass you will be imprisoned for six months. For the acts intended to cause grievous harm you will be imprisoned for five years. As the offences were part of one course of conduct the terms of imprisonment will be served concurrently. The terms will run from yesterday when you went into custody.

Dated the 1st day of September 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice