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Republic v Timerita [2025] KIHC 31; Criminal Case 00309 of 2025 (4 June 2025)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CRIMINAL CASE 2025-00309

BETWEEN: THE REPUBLIC

AND: TEKABWEBWE TIMERITA

Date of Hearing: 23 April 2025
Date of Judgment: 4 June 2025

Appearances: Ms Teanneki Nemta for the Republic

Ms Eweata Maata for the Accused

SENTENCE

Brief Fact

1. Tekabwebwe Timerita was charged with one count of selling Indian hemp contrary to section 8(b) of the Dangerous Drugs Ordinance, Cap 23. Mr Timerita pleaded guilty to the charge.
   
2. Below is the summary of the agreed facts;

On April 1, 2020, in the early evening around 9:00 PM to 10:00 PM, Yuet Ling Ng Kam-ho drove to Tekabwebwe’s house in Bikenibeu to buy marijuana for her friends. Tekabwebwe lived near the nursing school in Bikenibeu village. Yuet Ling parked her car near the nursing school compound and called Tekabwebwe on his mobile number 73026131 to place her order for marijuana. She requested 5 pieces of foil-wrapped marijuana. While she waited in her car, Tekabwebwe came out and approached Yuet Ling’s car to deliver her order. He gave her 7 pieces instead of 5, providing 2 as a bonus for the purchase. On April 27, when Tekabwebwe was interrogated by police officers Marewe Nabeia and Areieta Tekaititi, he admitted to the charge, saying he bought marijuana from friends and then sold some to other friends.

3. Selling Indian hemp contrary to section 8(b) of the Dangerous Drugs
   

Particulars:

Tekabwebwe Timerita, on 6 April 2020, at Bikenibeu village, South Tarawa, in the Republic of Kiribati, sold Indian hemp leaves known as marijuana to Yuet Ling Ng Kam-ho.

4. The above offence carries a maximum sentence of 10 years and a fine of $2000.
   
5. The prosecution proposes a suspended sentence with a fine of $500 to be paid within three months. Aggravating factors taken into account include the sale of Indian hemp to others, including teenagers. Counsel refers to two cases concerning the sale and possession of Indian hemp: R v Kourabi [2018] KIHC 20, where the accused was found guilty of possession of Indian hemp and fined $400 to be paid within a specific period, or in default, the accused would serve four months of imprisonment; and R v Afonso [2016] KIHC 6, where the court sentenced the accused to a fine of $1600 for the first count, with three months of imprisonment in default, and $400 for the second count, with one month of imprisonment in default.
   
6. Counsel for the accused also proposes a fine of $500 to be paid within three months. Mitigating factors include the following:
   
   • - The accused is a family man.
   • - Since 2020, he has not engaged in selling or possessing marijuana.
   • - First-time offender.
   • - Admitted to possession at first instance.
   • - Cooperated with the police.
     
7. I have reviewed both submissions, along with the case authorities in which the accused in the first case was sentenced after a trial, and I agree to impose a fine of $500 on the accused, due within three months. If the payment is not made within this period, the accused must serve a prison term of one month.
   

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice