Republic v Etia [2002] KIHC 53; Criminal Case 27 of 1999 (23 April 2002)

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

High Court Criminal Case No. 27 of 1999

THE REPUBLIC

vs

BURANNANG ETIA

For the Republic: Ms Pole Tebao
For the Accused: Mr Aomoro Amten

Date of Hearing: 22 April 2002

SENTENCE

Burannang Etia: you have pleaded guilty to arson. On 3 June 1999 on the island of Onotoa you set fire to the house in which you and your family were living. Your wife was a school teacher and it was a house owned by the school.

You got drunk and came home to find that your wife had run away. She was afraid of you. You thought she had ran off with someone else. She had not but you were so angry that you set fire to the house. Luckily not much damage was done – it was estimated at $60.00. You put the fire out yourself.

You apologized to the owners and did the repairs – four sections of thatch. You paid $50 as compensation.

You are 35 years old, have two children and your wife is expecting a third within a few weeks. You go fishing and cut toddy. You have no previous convictions and have pleaded guilty.

If it were not that you did this when you were drunk I would have dismissed the charge without conviction.

Your drunkenness makes it more serious. I suggest most strongly to you that you give up drinking alcohol. It will make for a much happier life for you and your family.

As it is I sentence you to imprisonment for six months. The sentence will be suspended if you will enter into a bond to be of good behaviour for 12 months.

If you do not commit any other criminal offence within 12 months from today, you will not have to serve this sentence of six months’ imprisonment. If you do commit another offence within the next 12 months you may be punished not only for that new offence but also go to jail for six months for this offence as well.

Do you understand? Do you agree?

Dated the 23^rd day of April 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE