Home | Databases | WorldLII | Search | Feedback High Court of Kiribati

Tebeero v Republic [2006] KIHC 62; 3-06 (18 May 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 3 of 2006

BETWEEN:

TIANA TEBEERO
Appellant

AND:

THE REPUBLIC
Respondent

For the Appellant: Mr Karotu Tiba
For the Respondent: Ms Pauline Beiatau

Date of Hearing: 18 May 2006

JUDGMENT

The appellant a young man from Banaba pleaded guilty to receiving stolen goods two cartons of beer and for drinking under age. He was convicted by the Banaba magistrates and imprisoned for four months on the receiving charge and imprisoned for two months on drinking under age. The terms were made cumulative - six months’ imprisonment in all. The Director of Public Prosecutions concedes that this was too long. Ms Beiatau on the other hand has submitted that the 17 days already served is not long enough. I accept that 17 days would not be long enough if it were not that this man was brought from Banaba and has been on bail here since the beginning of January. It would be hard to send him back to gaol now even for a short time.

In these circumstances justice will be done by allowing the appeal, quashing the two sentences of imprisonment and in lieu directing that the time spent in prison be a sufficient punishment.

THE HON ROBIN MILLHOUSE QC
Chief Justice