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Republic v Batirite - Sentence (1) [2008] KIHC 10; Criminal Case 31 of 2007 (15 February 2008)

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

High Court Criminal Case 31 of 2007

The Republic

v

Bootin Batirite
Ueein Maraki
Burangko Tinou
N. Anna Kou

For the Republic: Ms Pauline Beiatau
For the 1st & 2nd Accused: Mr Karotu Tiba
For the 3rd Accused: Mr Raweita Beniata
For the 4th Accused:Mr Banuera Berina

Date of Hearing: 28 January & 4 February 2008

SENTENCE

Anna Kou: you have been found guilty of assault occasioning actual bodily harm. What you did was a very bad thing – inciting three young men, still school boys, to attack your estranged husband. You paid them money and bought food to persuade them to do it.

I accept that your husband had treated you badly, has taken a girl friend: that you are jealous because you still love him. Yet you should not have done it. A shameful thing to use three young men for your own bad purposes.

You have no previous convictions. I have given the three boys suspended sentences of imprisonment. After some hesitation I have decided to do the same for you.

You are sentenced to 18 months’ imprisonment which will be suspended if you will promise to be of good behaviour for the next two years.

If you do not commit another crime within that time you will not have to serve this term of 18 months’ imprisonment.

If you do commit another crime within the next two years you will be liable to be punished for it and also to serve this 18 months in prison as well.

Do you understand? Yes.
Do you agree? Yes.

Dated the 15th day of February 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice