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Republic v Iatakia [2015] KIHC 4; Criminal Case 26 of 2013 (11 March 2015)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL CASE NO. 26 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

UBWA IATAKIA
ACCUSED

Before: The Hon Justice Vincent Zehurikize

11 March 2015

Mr Taburuea Rubetaake for Prosecutor
Mr Reiati Temaua for Accused

RULING ON SENTENCE

Zehurikize, J: Ubwa Iatakia, herein referred to as the convict, was charged with Indecent Assault contrary to section 133(1) of the Penal Code and Assault Causing Actual Bodily Harm contrary to section 238 of the Penal Code. When the case came up for hearing the convict pleaded guilty to both counts and was convicted accordingly. Mr Rubetaake for the Republic and Mr Temaua Counsel for the convict filed written submissions in a bid to persuade the Court as to what sentence to impose.

Mr Rubetaake in his submissions cited the cases of Republic v Bountarawa Aukitino (Cr. Case No. 8 of 1986), Republic v Uriano Arawaia Court of Appeal decision but did not cite the case number and two other cases as can be seen in his written submissions. The totality of his submission was that the range of sentences in cases, as the instant one, range between one year and three years. However, he contended that on the facts of the case the Republic is not asking for a custodial sentence and that this Court can use its discretion and impose a suspended sentence.

On the other hand Counsel for the convict submitted for a lenient sentence arguing that the convict is a first offender who has pleaded guilty. That he is remorseful and he apologised to the defendant's family which apology was accepted. He went on to submit that the convict is a full time student at the Marine Training Centre and with a bright future. That he committed the offence while under the influence of alcohol. That now the convict and victim are good friends.

He cited Republic v Uaititi (2010) KIHC 35, Republic v Bwebwereiti (2011) KHC 21 and two others to support his case. He proposed a sentence of six months to be imposed but suspended under section 44(1) of the Penal Code.

I have considered submissions by both Counsel. It appears not in dispute that the convict is a first offender who has pleaded guilty thereby saving the Court's time and resources. He apologised to the family of the convict as is the custom in this jurisdiction. He is a student at the Marine Training Centre with a promising future.

The prosecution is not interested in custodial sentence. Considering all the circumstances of the case and doing the best I can I sentence the convict to two years' imprisonment but it will be suspended for three years on account of good behaviour. In event of the convict being found guilty and convicted on any other offence within the above period, he will have to serve the sentence hereinabove imposed in addition to any other sentence that might be imposed in the subsequent conviction.

Dated the 13th day of March 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge