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Republic v Abua [2015] KIHC 12; Criminal Case 06 of 2014 (6 March 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 6 OF 2014

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

RUAI ABUA
ACCUSED

Before: The Hon Justice Vincent Zehurikize

6 March 2015

Mr Taburuea Rubetaake for Prosecutor
Mr Reiati Temaua for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: The convict was originally charged with murder contrary to section 193 of the Penal Code but on consent of the State, it was amended to that of manslaughter contrary to section 192 of the Penal Code to which he pleaded guilty. Both Counsel tendered written submissions and made oral submissions in clarification.

I have considered submissions by Counsel and the peculiar circumstances of the case.

The convict has pleaded guilty and thereby saving the Court's time and scarce resources. He has no previous conviction. It appears he has apologized to the bereaved family and the deceased was his uncle. It is also possible that he has since reformed as he is a member of a church where his change of conduct could have been shaped.

But on the other hand he committed a serious offence whose maximum sentence is life imprisonment by killing his uncle in cold blood. His uncle was asleep when the convict seriously assaulted him leading to his death after about one week. A person who was asleep was defenseless, and the mere fact that the convict was taking revenge on him for the alleged accused's assault of his father, was not sufficient ground to act the way the accused did. He rendered the wife of the accused a widow and the children orphans much as he might have apologized.

Counsel for the State cited the cases of Republic v Ioteba Kakati Criminal Case No. 60 of 2012 of this Court where the convict was sentenced to six years' imprisonment, Republic v Kaitie Ieie Criminal Case No. 27/2010 of this Court where the convicted was sentenced to four years and Republic v Tekantoa Kimaere Criminal Case No. 75 of 2010 in which a sentence of five years was imposed.

On the other hand Mr Temaua for the accused cited the cases of Republic v Meamea Thomas Criminal Case No. 54 of 2005 and Republic v Kaitie Ieie (supra) where sentence of four years' imprisonment were imposed and also the case of Republic v Stanley Flood Criminal Case No. 8 of 2011 where a sentence of 18 months but suspended for two years was imposed.

Considering all the peculiar circumstances of this case and bearing in mind the decided cases as a guide and doing the best I can, I sentence the convict to a term of four years' imprisonment.

Right of appeal explained.

Dated the 6th day of March 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge