Republic v Tenebo - sentence [2002] KIHC 96; Criminal Case 21 of 2002 (2 December 2002)

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

Criminal Case No. 21 of 2002

THE REPUBLIC

vs

TUUA TENEBO

For the Republic: Ms Pole Tebao
For the Accused: Ms Batitea Tekanito

Date of Hearing: 2 December 2002

SENTENCE

Tuua Tenebo: you have been found guilty of embezzlement by a servant. You were responsible for paying fellow employees of the Kiribati National Audit Office. On pay Friday 19 May 2000 Nei Makin Betero was not at work to collect her pay, $100.15. You took the money home and used it for your own purposes, telling Nei Makin that you were regarding it as a loan from her.

This was a quite dishonest thing to do. Normally you would without doubt go to gaol. The only thing which saves you from serving an immediate term of imprisonment is that you are pregnant and due to be confined next month.

You are 32 years old and already have two children. You have been working as a clerk with the Kiribati Ports Authority.

Because you stole money, even a comparatively small amount, from your employer you must be sentenced to a substantial term of imprisonment.

You are sentenced to six months. Only because you are due to be confined in a few weeks will the term of imprisonment be suspended upon your being of good behaviour for the next 18 months.

This means if you do not commit any other offence in the next 18 months then you will not have to serve this six months. If you were to commit another offence in that time you would be liable to go to gaol for it and also to serve this term as well.

Do you understand? Do you agree?

Dated the 12^th day of December 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE