Skip to main content

Kiribati Disaster Risk Management and Climate Change Act 2019

The Disaster Risk Management and Climate Change Act 2019 establishes a national framework for disaster preparedness, climate adaptation, and risk reduction. It mandates that all government ministries, agencies, and bodies integrate disaster risk management and climate change measures into their policies and operations. The Act designates the Ministry responsible for women, youth, and social affairs to ensure gender and protection considerations are incorporated into all disaster and climate-related planning.

Ioobi v. Republic [2016] KIHC 4

Ioobi v. The Republic is an appeal from a conviction and sentence in the Magistrates’ Court for domestic violence and assault. The appellant assaulted his wife while intoxicated, causing injuries that required hospitalization. He was charged with a domestic violence offense under Section 33(1)(a) of Kiribati's Te Rau N Te Mwenga Act 2014 and with assault, pleaded guilty, and was sentenced to six months’ imprisonment (three months per charge).

Police v. Paulo [2002] WSSC 2

The defendant, a Catholic catechist, was charged with indecent assault of a minor girl who was a member of his congregation. The assault occurred after he directed the victim and her brother into a prayer room, locked the door after the brother left, and attacked the child when she refused his advances. The Court emphasized that a conviction required corroboration of the victim’s testimony, meaning evidence showing both that a crime was committed and that the accused committed it. The victim’s brother, who was outside the room, could not provide sufficient corroboration.

R.K.S v. H.L [2014] WSDC 6

After 20 years of marriage during which she suffered repeated domestic violence, the applicant filed for divorce, then sought and obtained an Interim Protection Order against the respondent. Under the Family Safety Act 2013, Interim Protection Orders may be granted where domestic violence has occurred and the applicant is likely to face further assault if an order is not issued immediately.

Police v. Apelu [2004] WSSC 7 and Police v. Apelu [2004] WSSC 8

In Police v. Apelu, the defendant, a nurse, was charged with 16 counts of unlawfully performing abortions between 2000 and 2003, contrary to Section 73A of the Crimes Ordinance 1961, which criminalizes administering or causing a miscarriage. The Court emphasized that the prosecution bore the burden of proving beyond reasonable doubt that the defendant’s actions were not done “in good faith” to preserve the life or health of the woman.

Sentencing Act 2016

The Sentencing Act 2016 governs sentencing in Samoa, setting out objectives, principles, and a structured framework for courts to determine appropriate penalties. It requires courts to give weight to aggravating circumstances; such as use of force or weapons, unlawful entry, harm inflicted, premeditation, or bias against the victim’s identity, age, or disability, and adds enhanced aggravation if the victim is a minor.

Subscribe to