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Republic v Tiambo - Sentence [2006] KIHC 65; 6-06 (30 May 2006)

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

High Court Criminal Case No. 6 of 2006

THE REPUBLIC

v

TEROUTAKI TIAMBO

For the Republic: Ms Eweata Maata
For the Accused: Ms Botika Maitinnara

Date of Hearing: 30 May 2006

SENTENCE

Teroutaki Tiambo: you have pleaded guilty to careless driving. Between 4 and 5 pm on 18 February you were driving a minibus along the road near the court here. You made a right turn into the road which leads to the BTC JSS at the other end. A little girl of eight and her friends were playing on the roadway. You knocked down the little girl. She died of her injuries soon after she was taken to the hospital. As I said when Ms Maitinnara was making submissions for you, people especially children and animals are often on the road. Those who are driving must expect it, watch all the time and drive so carefully as to give them the opportunity to get out of the way even if it means stopping the vehicle altogether. Your carelessness was in not doing this.

You are 38, married with three children the youngest of whom is only a few weeks old. You are now unemployed except for helping your father-in-law in his contracting business. Ms Maitinnara said members of your family went to apologise to the child’s family and the apology was accepted.

You have pleaded guilty. That means the fine I impose on you will be somewhat less than it otherwise would be. You are fined $150.00: in default of payment you will be imprisoned for 15 weeks.

You have four previous convictions in less than the last six years, one is irrelevant but three of them are for speeding - traffic offences like this one in December 2000, September 2001 and November 2001. Under the law I must cancel your driving licence and disqualify you from holding a driver licence for at least one year. Because of your previous poor driving record even though the speeding offences were five years ago the minimum disqualification is not enough. You should be disqualified for a substantial period. You will be disqualified for 2½ years.

Your licence must be surrendered to the Court.

Licence surrendered.

Do you ask for time to pay the fine of $150.00? Four months to pay.

Dated the 30th day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice