Republic v Takabea [2002] KIHC 72; Criminal Case 07 of 2002 (18 June 2002)

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

High Court Criminal Case No. 7/02

THE REPUBLIC

vs

TABORENGA TAKABEA

For the Republic: Mr David Lambourne
For the Accused: Ms Emma Hibling

Date of Hearing: 14 June 2002

SENTENCE

Taborenga Takabea: you have pleaded guilty to three offences, larceny as a clerk, forgery and fraudulent falsification of accounts. The offences were part of one course of conduct.

You were employed by the Bank of Kiribati in February 2000. Between 14 September and 8 November 2000, the Solicitor General told me, in 24 separate transactions you took $2,360 out of six separate accounts. You were then 19 years old. In August 2000 you married a man much older than yourself. Your parents did not approve of the marriage, regarding the man as a bad influence on you. You are now separated from him. Your parents seem to have been correct. It may be that you took the money under his influence. Some of the money he spent but most you spent yourself on drink. Ms Hibling told me you do not drink much now. You would be very wise to give up drinking alcohol altogether.

It was inevitable that you would be caught. People employed by the Bank who take money always are in the end. You lost your job. Once detected you confessed.

Your parents have paid back $500.00 but that is all that has been repaid. You are now 22 years old and are studying to be a teacher. Whether you will get a job, having these convictions, is doubtful.

You have no previous convictions and pleaded guilty as soon as you could. Those things are in your favour and mean a less severe penalty than otherwise.

People who put their money in the care of others – such as the Bank – are entitled to know that their money will be safe and available to them when they want it. Those in positions of trust who take the money must expect to go to gaol.

On count 1, larceny, you will be imprisoned for 9 months.

On count 2, forgery, for 3 months.

On count 3, fraudulent falsification of accounts, for 6 months.

The terms of imprisonment are to be served concurrently.

That means you will be in gaol for 9 months in all. The term will date from last Friday 14 June when you went into custody.

Dated the 18^th day of June 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE