In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

Criminal Case No. 43 of 2003

The Republic

vs

Tabwaia Iotebwa

For the Republic: Ms Pole Tebao
For the Accused: Mr Banuera Berina

Date of Hearing: 10 November 2003

SENTENCE

Tabwaia Iotebwa:	you have pleaded guilty to careless driving and to driving without a licence. At 0800 on 3 March this year you were driving a truck owned by your employers. In Betio, near the hospital, you tried to overtake two stationary buses: a little girl ran across the road in front of you and the truck hit her.

Although the nature of your careless driving is not set out in the particulars of the charge, I assume it to be trying to pass the buses at a speed which made it unsafe.

You have also pleaded guilty to driving without a licence. Mr Berina told me that you had a licence but only to drive a car or motorcycle, not a truck. Yet you had been driving trucks for some time.

You are 19 and single. You live with your grandmother and help to support her. You earn $140 each fortnight. This is your first offence and you have pleaded guilty to it.

During submissions the Director of Public Prosecutions pointed out what you admitted, that you did not stop after the accident. It seems that your family may have made an apology to the family of the little girl.

Often after the commission of an offence regret or remorse is relevant to penalty and an apology is regarded as shewing regret. That is not such a relevant consideration in a charge of careless driving: the Court is concerned with the nature of the driving and not as a rule with anything else.

For careless driving you will be fined $75.00: for driving without the correct licence you will be fined $75.00.

The fines total $150. Before making a final order I shall hear counsel on whether you should have time to pay the fines.

Mr Berina has asked that you be given four weeks within which to pay the total of $150.00. The $150.00 must be paid within four weeks of today. If you do not pay then you will be imprisoned for six weeks.

When there has been a serious accident and Mr Berina on your behalf has acknowledged that this was a serious accident as explained in the Traffic Act, you must be disqualified from obtaining or holding a driving licence for the next five years. You are disqualified from obtaining or holding a driving licence for five years.

Dated the 19th day of November 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice