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Republic v Batirite - Sentence (2) [2008] KIHC 11; 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

Bootin Batirite, Ueein Maraki and Burangko Tinou: you all pleaded guilty to assault causing grievous harm. I came to the conclusion that the injuries you inflicted were not as serious as that and shall sentence you for assault occasioning actual bodily harm, a less serious crime.

I have found Nei Anna Kou guilty of the same offence for inciting you to attack her husband. I accept that you attacked David because Nei Anna persuaded you to and paid you money to do it.

You Bootin and you Ueein were 17 at the time, you Burangko younger. You are all still at school. You have pleaded guilty and have no previous convictions.

You must know, though, that what you did was a very serious crime. To attack another man is serious, to combine in a plan to attack him is worse. If you ever do it again you will certainly go to gaol.

As it is you are each sentenced to four months’ imprisonment but you will not have to serve the term of imprisonment if you will promise to be of good behaviour for the next 18 months.

If you do not commit another offence during the next 18 months you will not have to serve this term of imprisonment. If you do commit any other offence in that time you will be liable to be punished for it and to serve this four months as well.

Do you, Bootin, understand that? Yes.
Do you agree to behave yourself? Yes.

Do you, Ueein, understand that? Yes.
Do you agree to behave yourself? Yes.

Do you, Burangko, understand that? Yes.
Do you agree to behave yourself? Yes.

Dated the 15th day of February 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice