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Republic v Flood [2012] KIHC 12; Criminal Case 08 of 2011 (4 June 2012)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 8 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

STANLEY FLOOD
ACCUSED

Before: Hon Chief Justice Sir John Muria

4 June 2012

Mr Taburuea Rubetaake for Prosecution
Ms Nancy Walker for Accused

SENTENCE

Muria CJ: You have been convicted of manslaughter on your own plea of Guilty. Originally you had pleaded Not Guilty and the trial was run. The explanation given by Ms Walker, your Counsel, is accepted by the Court for changing your plea today.

You and your wife had been drinking together socially prior to the tragedy. You had argument with your son and wife, in the course of which, you threw a stick at your wife injuring her in the left eye. You accompanied her to the clinic. Your wife died early the next morning.

I have no doubt you now appreciate the seriousness of your action that caused the death of your wife, leaving your children without a mother. I accept that you did not intend to cause the death of your wife. Nevertheless the law considers it a very serious matter to cause the death of another person, whether a wife or any other person. That is why it places the maximum sentence for an offence such as this to life imprisonment. This is a serious offence and as rightly put by Mr Rubetaake of Counsel for the prosecution, it merits custodial sentence.

In the Court's view there can be no doubt that your case merits custodial sentence.

Your Counsel has ably submitted all that could be said on your behalf. The Court also has heard from yourself your remorse for what you did and the sad consequences that have now been brought upon you.

Having come to the conclusion that your case merits custodial sentence, the next thing is to consider what to do with that sentence in the light of the facts of your case, and the submission made on your behalf. As Ms Walker correctly puts it, the Court has discretion and will have to exercise its discretion taking into account all that has been said on your behalf.

I take into account in your favour the fact that you changed your plea to one of guilty, no doubt after taking legal advice. In your case, I do not count it against you the fact that you had originally pleaded not guilty and the prosecution had to run the trial. I also consider very much in your favour the fact that you have taken a major step in your life to mend your behaviour by undergoing an Alcoholic Awareness and Family Recovery Programme. The major contributing factor to the tragedy you brought upon yourself and your children through the death of your wife was alcohol. The Court accepts the Certificate of Recognition from the Chaplin and Parish Priest of Bikenibeu and the Director of the Alcoholic Awareness and Family Recovery Centre. It shows that you had successfully underwent the Recovery Programme.

Your own remorse has also shown that you acknowledge your responsibility for what you did and that you can move on from this tragedy to becoming a more responsible citizen. The Court takes that into account as well in your favour.

Having considered all the circumstances of this case and all that had been ably submitted on your behalf, including the authorities cited by Counsel, I feel that the Court can exercise its discretion and consider suspending any custodial sentence to be imposed on you. Each case, of course, depends on its own facts.

In the circumstances of this case, the Court considers that the appropriate sentence is one of 18 months' imprisonment. The sentence is to be suspended for two years on the condition that you do not commit any other offence within the next two years.

If you commit any offence at all within the next two years, you will go to gaol and serve this 18 months' sentence, plus any other sentence imposed on the offence you commit.

ORDER: Sentenced to 18 months' imprisonment suspended for two years on good behaviour bond.

Dated the 4th day of June 2012

SIR JOHN MURIA
Chief Justice