Republic v Iobi [2002] KIHC 17; Criminal Case 26 of 2001 (20 September 2002)

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

High Court Criminal Case No. 26 of 2001

THE REPUBLIC

vs

TIMATA IOBI & NAMARORO NARINOKO

For the Republic: Mr Tion Nabau & Miss Ruria Iteraera
For the 1st Accused: Mr Aomoro Amten
For the 2nd Accused: Ms Emma Hibling

Date of Hearing: 19, 20, 21 June 2002

SENTENCE

Timata Iobi and Namaroro Narinoko, on 18 July 2002 you were found guilty of arson of a raised floor house of the victim which was worth $350.

In order to burn that raised floor house of the victim both you had to walk for some distance to the victim's house before you set it ablaze and as the result the house was burned down completely. You Namaroro first of all sprinkled some gasoline onto the thatched roof of the house and then you, Timata carried out your part of the bargain or conspiracy by setting it ablaze with a lighted matchstick. Then you abandoned the burned house to burn itself down to ashes which it did. This is a premeditated act, perpetrated by both of you.

Arson is a very serious crime which attract a penalty of imprisonment for life. And it appeared you had committed arson because of your profound hatred of the victim himself.

However, I am mindful of the fact that you had attempted to pay compensation to the victim for his raised floor house which you had burned down.

In the case of Timata, you had paid $175 being half of the amount of the value of the burned down house which you have been ordered by the Court to pay pursuant to the Court Order dated 24 July 2002.

The accused Namaroro was as well similarly ordered under the same order of 24 July 2002 to pay the same amount of $175 but so far up to now has paid the sum of $ only.

I shall certainly take these payments into account when fixing the sentence.

I am told that you Timata and Namaroro have no previous convictions. I therefore regard you as persons of previous good character.

You are therefore sentenced for a term of imprisonment of two (2) years but it will be suspended except for Namaroro Narinoko who is still bound by the terms of the Court Order dated 24 July 2002 which relates to payment of compensation by the said Namaroro Narinoko referred to above.

For Namaroro Narinoko therefore the suspended term of imprisonment of two (2) years shall not start to run immediately except upon the payment in full by the said Namaroro of the unpaid balance of the sum of $175 which must be paid not later than 30 October 2002. In the event however that you Namaroro fail to pay as required under that Court Order, a warrant for your arrest will be issued and you shall be brought before this Court to be dealt with accordingly.

For the purpose of this sentence suspended term of imprisonment of two (2) years means that you will not have to spend two (2) years in gaol if within the next two (2) years you do not commit any other offence for which you could be imprisoned. If you do then you would be liable to be punished for that offence as well as to serve this two years.

Dated the 20^th day of September 2002

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
JUDGE