Republic v Willie [2002] KIHC 71; Criminal Case 32 of 2001 (17 June 2002)

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

High Court Criminal Case No. 32/01

THE REPUBLIC

vs

NEI TIRIBA WILLIE

For the Republic: Mr David Lambourne
For the Accused: Mr Banuera Berina

Date of Hearing: 14 June 2002

SENTENCE

Tiriba Willie: you have pleaded guilty to two counts of forgery and two counts of uttering. The charges relate to two documents each of which you admit having forged and uttered. They were a Kiribati National Certificate in your name and an Immaculate Heart College Graduation Certificate. Each of these offences has a maximum penalty of two years’ imprisonment and a fine. You used the forged documents to pretend that you had been educated to Form V level when you had reached only Form IV. You had never attended Immaculate Heart College. You did this to be qualified for a job at Abamakoro Trading Ltd. You were given the job and held it until the deception was discovered and you resigned.

You are 23 years old, married with three children the youngest of whom is 11 months. In the circumstances which the Solicitor General and your lawyer, Mr Berina, have mentioned, this has been a disaster and tragedy for you and your family. That is punishment in itself. You have no previous convictions.

What you did was a serious crime and quite wrong. People should be able to accept without question that documents are genuine. They should not have to doubt them.

Mr Berina says that you now greatly regret what you did. Nevertheless you must be sentenced to a term of imprisonment. People must know that if they do such dishonest things and are caught they run the risk of going to gaol.

I take into account that you have pleaded guilty at the first opportunity. As a result the term of imprisonment will be much less than it would have been.

On each count you are sentenced to four months’ imprisonment. As the offences formed one course of conduct the sentences will be concurrent. That means a total period in gaol of four months.

The sentence of imprisonment will be suspended. If you do not commit another offence for which you could go to gaol within the next two years, then you will not go to gaol for these offences. If however you were to commit another such offence you would be liable to go to gaol not only for it but also to serve the four months I have given you. Do you understand?

Dated the 17^th day of June 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE