Republic v Temete [1989] KIHC 8; Criminal Case 30 of 1989 (2 August 1989)

IN THE HIGH COURT OF KIRIBATI

High Court Criminal Case No.30/89

THE REPUBLIC

versus

RUTIAN TEMETE

Heard: 2.8.89.

Mr. Tabane - for the Republic
The accused is not represented.

Charge is read to Accused.
He understands the charge and pleads guilty.

Mr. Tabane:

If it pleases your lordship the facts are:-

On the night of 22 February 1989 at Antenon, South Tarawa, the accused after arguing with and despite being stopped by his wife, burnt the local houses of one Ioteba Temano, which the accused and his wife were caretakers of. The houses were completely destroyed by fire.

In the argument, wife had treated to leave him. He poured kerosene on the house and burnt it. He had told the wife he would burn the house if she left him. He was under the influence of liquor. Accused and wife were living in that house and taking care of it.

He has no previous convictions.

Accused:

I have nothing to say and I ask for pity. I am married and my wife is with me. I work as a Mechanic at Tarawa Motors. I get 60 Dollars per week.

I have 3 children, one is 4, the other one is 2 and the other one is 1. My wife doesn't work. I was in custody for 1 day.

My mother is living with us. The complainant is my brother in law. He is the husband of my sister. That all my lord.

Sentence:

You are a man of previous good character and have pleaded guilty to the charge.

I am sorry for your family that would have to suffer, because they will not have your financial support and your children will have to miss you for sometimes but you should have thought about all that.

In all circumstances of this case the sentence I consider to be consistent with the gravity of the offence and your circumstances is that you will go to prison for 12 months.

F. Muhammad
Judge.