Republic v Tekeaua - sentence [2002] KIHC 64; Criminal Case 24 & 40 of 2001 (23 May 2002)

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

High Court Criminal Case 24 of 2001
High Court Criminal Case 40 of 2001

THE REPUBLIC

vs

KAIBAKETE TEKEAUA

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

Date of Hearing: 15 & 16 May 2002

SENTENCE

Kaibakete Tekeua: you have been found Guilty of burning down a garage belonging to the Makin Island Council and of attempting to burn down a house belonging to Nei Atantaake.

Since you were convicted of these crimes you have had a talk with Br Kevin Dobbins. Br Kevin has written a very helpful report which guides me in fixing your punishment.

It seems that you live a very simple lifestyle. You are 56 years old, have never married and live with your mother and extended family on Makin Island. You have no previous convictions.

It may be that the reason you burnt the garage was anger with the Island Council. You thought they should have given you work and they hadn’t. Br Kevin does not mention your giving any reason for trying to burn Nei Atantaake’s buia. You shouldn’t have done what you did as I expect you know. When you get home I suggest that you go to the Council and offer to do some work without pay to make up for it. I hope indeed that the Council will allow you to do so.

You have been in gaol here on Tarawa since 20 February waiting for trial. You should be in gaol for six months.

I sentence you to six months’ imprisonment for burning the Council garage and to three months for attempting to burn the buia. The sentences to be concurrent. The sentences to date from 20 February. That means you should be released on 20 August when you will be able to go back to Makin.

Dated the 23^rd day of May 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE