Republic v Buretau [2003] KIHC 117; Criminal Case 31 of 2003 (16 October 2003)

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

Criminal Case No. 31 of 2003

THE REPUBLIC

vs

DAISY BURETAU

For the Republic: Ms Pole Tebao
For the Accused: Mr Aomoro Amten

Date of Hearing: 14 October 2003

SENTENCE

Daisy Buretau: You have pleaded guilty to seven counts of theft. You took the money, in total $1421.00, from your employer, the Maria Printing Office. That is an organisation owned by the Pacific Union, the company through which the Missionaries of the Sacred Heart operate in the Pacific.

You were employed as the education cashier and handled money. Br Iobi Aroito used to sign blank cheques and leave them under lock and key to be used by filling in the amounts as required. When you had to fill in the amounts you added more for yourself. This is what you did seven times.

It is always most inadvisable to sign blank cheques. The Director of Public Prosecutions said that you – and I suppose others – were trusted. So you may have been but it is asking for trouble to put temptation in the way of even the most trustworthy person.

You have gone further in your evidence and in the submissions made for you by Mr Amten. You have put the blame on Br Iobi for introducing you to drinking alcohol. Mr Amten said you then needed to steal the money to buy alcohol. You told me that when you asked Br Iobi for a loan of $300 to have the electricity reconnected to your house he said he would illicitly make out a cheque. In fact Br Iobi did pay the bill for you by cheque but denied that he did it illicitly.

Ms Tebao contradicted Mr Amten's submissions about Br Iobi being responsible for introducing you to drinking and for having drawn the cheque for $300 wrongfully.

As there was a dispute of facts I heard your evidence and Br Iobi's. Having seen and heard you both and having considered the evidence, on the balance of probabilities, indeed beyond reasonable doubt, I find that the facts are as Br Iobi gave them, you and he drank alcohol together only on two occasions and in innocent circumstances.

That you tried to put the blame on someone else makes me the less sympathetic to you.

You are 22 years old and live with your mother. You had been employed by the Pacific Union since 2000. You have no previous convictions. $50 has been repaid: apparently the payment was made by your mother under an agreement between your mother and the Maria Printing Office for repayments of $50 each month. The $50 was the first repayment and was made for August. Nothing more has been repaid.

You have pleaded guilty but it was a late plea on the morning of the trial. You will get credit for the plea but not as much as if you had pleaded guilty earlier.

The only other thing in your favour is that your employer put temptation in your way and you gave into it.

Each of the seven offences carries a maximum penalty of five years' imprisonment.

Stealing from an employer is a serious crime and unless there are exceptional circumstances means a term of imprisonment.

On each count you will be imprisoned for eight months. As the offending was part of a course of conduct from April to June 2002 the sentences will be served concurrently. They will run from Tuesday, 14 October, when you went into custody.

Dated the 16^th day of October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice