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Republic v Arintetaake - Sentence [2015] KIHC 18; Criminal Case 8.2014 (30 April 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 8 OF 2014

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

MAURI ARINTETAAKE
ACCUSED

Before: The Hon Justice Vincent Zehurikize

Ms Pauline Beiatau for Prosecutor
Mr Reiati Temaua for Accused

RULING ON SENTENCE

Zehurikize, J: The convict was found guilty and convicted of Causing Grievous Harm contrary to section 218(a) of the Penal Code.

The brief facts are that the convict believed that the victim had a hand in making the convict's daughter elope with another man. While at the wharf at the Port in Betio Tarawa the convict attacked the victim and stabbed him with a knife on his right shoulder causing serious injuries.

Ms Beiatau for the Republic in her written submissions prayed for custodial sentence arguing that this is a serious offence which carries a maximum sentence of life imprisonment. She went on to contend that in cases of this nature an appropriate sentence is one of custodial sentence so as to deter others from committing such crimes. She cited the case of R v Teriao Criminal Appeal No. 2 of 2013.

On the other hand Mr Reiati Temaua for the convict in his written submissions asserted that the convict is a first offender and that he has apologised to the victim and they are relatives. He went on to state that the convict is now 49 years old and the sole bread earner for his family and that he has recently suffered a stroke and is on medication. He has two children at secondary school level on South Tarawa. Counsel cited Tetaua v Republic Criminal Appeal No. 2 of 2002 for guidance.

I have considered submissions by both Counsel. I note that the convict could as well be a first offender since no previous record was tendered. Most likely is the sole bread earner for his family. As regards his health condition no medical evidence was presented to prove the claim of a stroke suffered by the convict. I am not convinced that he apologised for his conduct to the victim. However, I find that the attack the convict made to the victim was uncalled for in the circumstances of this case. The use of a knife in fights appears to be common in this jurisdiction and a clear message should be sent to such assailants.

All in all and doing the best I can I sentence the convict to a term of three years and six months' imprisonment.

Dated the 30th day of April 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge