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Republic v Taurabwakai [2015] KIHC 11; Criminal Case 13 of 2014 (2 April 2015)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL CASE NO. 13 OF 2014

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

KABUATI TAURABWAKAI
ACCUSED

Before: The Hon Justice Vincent Zehurikize

19 & 20 March 2015

Ms Pauline Beiatau for Prosecutor
Mr Aretaake Ientaake for Accused

RULING

Zehurikize, J: This ruling is on sentencing. The accused was originally charged with Murder contrary to section 193 of the Penal Code, but this was amended to Manslaughter contrary to section 192(2). The accused pleaded guilty to manslaughter and Ms Beiatau for the Republic and Mr Ientaake for the convict made submissions in support of their respective cases.

According to Ms Beiatau, the convict committed a very serious offence by beating and stabbing his wife before their children and thereafter went to a neighbour to have a smoke. She prayed the Court to impose a sentence of 20 years' imprisonment.

On the other hand Mr Ientaake contended that the convict committed the offence out of provocation, anger and jealousy when he discovered that during their separation the deceased had an affair with other men. He emphasised mitigating factors as the plea of guilty, cooperation with the Police, that he apologised to the deceased's family and he is remorseful. He prayed for maximum sentence of 7½ years' imprisonment.

I have considered submissions by both Counsel made orally and written. I have in particular taken into account the fact that the convict pleaded guilty thereby saving the Court's time and resources. I am not sure about his apology and remorsefulness.

I notice that he has 12 previous convictions mainly in the areas of traffic offences, damaging property, criminal trespass and such other minor offences. They tend to show that the convict as an impulsive character who has little self control. However, in the instant case he brutally ended the life of his wife before their children on mere suspicion and rumours that, during their separation, the deceased had an affair with other men. The nature and number of injuries inflicted on the deceased show that this is a borderline case which could easily have led to the finding of murder had the case proceeded on that charge.

Having taken into account all the circumstances of the case and considering the periods of custodial sentences proposed by both sides and doing the best I can, I sentence the convict to a term of nine years' imprisonment. Right of appeal to be explained.

Dated the 2nd day of April 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge