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Republic v Tamaroa [2004] KIHC 254; Criminal Case 60 of 2004 (10 November 2004)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case No. 60 of 2004

THE REPUBLIC

vs

TEATA TAMAROA

For the Republic: Mr David Lambourne, Solicitor General
For the Accused: Mr Banuera Berina

Date of Hearing: 8 November 2004

SENTENCE

Teata Tamaroa: you have pleaded guilty to two offences committed in the late evening of Friday 30 July at the Royal here in Betio. They are causing grievous bodily harm to Teekea Rui and unlawfully wounding Mark Tokaniman. You say you were very drunk at the time.

In the saloon you had had a row with a lady. You went out to your car and got a knife. You concealed it under your shirt. You went back inside. The victim, Teekea Rui, quite unrelated to the row you had had, began talking to you. You took out the knife and stabbed him. You were stabbing him when a security guard, Mark Tokaniman tried to separate you and Teekea. You stabbed Mark as well. Another security guard disarmed you. Apparently before you were handed over to the police others in the bar set upon you and punched you about the face. You became unconscious.

You told the police you only vaguely remember what happened. Yet you had been alert enough deliberately to go out to the car and get the knife.

Mr Berina has made much of your being beaten up, suggesting that although your crimes were so serious as to justify terms of imprisonment I should suspend the sentences because of your own injuries. I am not going to do that. To do so could send a message to the community that it is alright for bystanders to take the law into their own hands and inflict punishment on the spot. That would be quite wrong. It is for the Court to impose punishment. Bystanders should not take the law into their own hands. The most I shall do is to bear in mind when fixing penalty that you were beaten up. You were taken to the hospital. The doctor found your injuries not to be life threatening. The next morning you were taken to the Bairiki Clinic. The nursing officer said your face was so swollen as to be unrecognizable: she gave you antibiotics and panadol.

You had stabbed Teekea three times: he had a 12 cm wound to the left side of his forehead, extending to his left ear and two wounds on his upper left back, 11 cm long and 7 cm long. He was in hospital for three days. As the Solicitor General submitted both you and Teekea were fortunate his injuries were not worse: they may have been if Mark had not come to stop you. As it is, Teekea has been left with scarring. Mark needed five stitches to a shallow wound on his left chest and had a cut on his left ring finger.

You are 28 and married. You were a teacher at St Louis High School and lived at Bikenibeu. You lost your job over this and have been working since as a mechanic at TCH. You support your mother who lives in Abaiang.

You have only one previous conviction, a traffic offence in 1998. I disregard it. You have pleaded guilty. I take those things into account in your favour in fixing penalty. They mean a lesser penalty than otherwise.

The two crimes of causing bodily harm and unlawful wounding were part of one course of conduct and the terms of imprisonment for them will be served concurrently.

For causing Teekea grievous bodily harm you will be imprisoned for 12 months. For unlawfully wounding Mark you will go to gaol for seven months.

You were in custody immediately after the crimes for six days and have been in custody now since last Monday, 8 November. The sentences will run from Tuesday 2 November.

Dated the 10th day of November 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice