Republic v Tokiraro - sentnce [2002] KIHC 94; Criminal Case 10 of 2002 (14 November 2002)

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

Criminal Case No. 10 of 2002

THE REPUBLIC

vs

TEIWAKI TOKIRARO

For the Republic: Ms Tetiro M Semilota
For the Accused: Mr Aomoro Amten

Date of Hearing: 5 November 2002

SENTENCE

Teiwaki Tokiraro: you have been found guilty of arson. In the night on 24 January 2001 on Tabiteuea North you set fire to and burnt down a buia occupied by an old lady and by another lady and her child. The most serious thing about what you did is that you endangered the lives of three people. Fortunately they were able to get out in time and throw their goods out as well.

The house belonged to Bureua whom you didn’t like but he was not there.

You were drunk when you did this.

Mr Amten has told me of your personal circumstances.

You are 46 and have a wife and father in law and nine children to provide for. You have no paid job but you do most of the hard work and live in a subsistence life style. Mr Amten submitted that the dependents will suffer if you go to gaol.

He said you are willing to rebuild the house. I ordered that in a previous case but it wasn’t a success. The owner was full of complaints about the way the work had been done. Because of the chance that this would happen again I am not going to make that order.

Mr Amten has argued strongly that I should suspend a sentence of imprisonment. He has suggested that you should not be penalized for pleading not guilty. You will not be penalized for pleading not guilty. It is the right of everyone to have a trial and no one is penalized for exercising the right by pleading not guilty. However if someone pleads guilty, he gets as a rule a sentence less than otherwise because he has saved time and money by admitting his guilt.

I disregard a previous conviction in 1987 but take into account all that Mr Amten has put for you. You should serve a term of imprisonment: the arson was too serious: you endangered the lives of three people not only property.

You will be imprisoned for six months. The term will run from last Friday, 8 November, when you went into custody.

Dated the 14^th day of November 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE