Republic v Naata - sentence [2002] KIHC 70; Criminal Case 20 of 2001 (17 June 2002)

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

High Court Criminal Case No. 20/01

THE REPUBLIC

vs

KORIRI NAATA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Batitea Tekanito

Date of Hearing: 14 June 2002

SENTENCE

Koriri Naata: Last month you were found guilty of arson. You had burnt down a raised floor house. I was told the house was worth $250.00. You are 41 years old and have eight children. You live a subsistence lifestyle. You have no previous convictions.

What you did was both wrong and very silly. I have the impression that you were drunk at the time.

At Ms Tekanito’s request I put off sentencing you so that you could build the victim another house. You have now built one but the victim is full of complaints about it: says it is not nearly as good as the one you burnt. Whether it is or not is something I cannot judge. All I can do in fixing sentence is to take into account that you have made an effort.

Parliament regards arson as a most serious crime: the maximum penalty is imprisonment for life. Certainly for what you did you must be sentenced to a term of imprisonment. People cannot go about burning other people’s property. You have done something to make up for what you did and that is in your favour. You have no previous convictions. I take into account what Ms Tekanito told me about you.

The term of imprisonment is nine months but it will be suspended. That means you will not have to spend the nine months in gaol if within the next two 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 nine months.

Do you understand?

Dated the 17^th day of June 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE