Republic v Kanoua [2003] KIHC 20; Criminal Case 38 of 2001 (17 January 2003)

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

Criminal Case No. 38 of 2001

THE REPUBLIC

vs

NIGHT KANOUA

For the Republic: Mr David Lambourne
For the Accused: Mr Aomoro Amten

Date of Hearing: 16 January 2003

SENTENCE

Night Kanoua: At the end of June and the beginning of July 2001 you went on a 4-day course of theft and house-breaking. You went to the same house: you broke into the victim's house on three nights. The house was empty on the first two occasions.

On the first night you stole a compact disc player. On 7 October 2001 you were sentenced by a magistrate to two months' imprisonment for the theft of the CD player and you served that sentence.

On the second night you went back and took 40 CDs. You have not been charged for having done this and the Solicitor General told me that the Republic will not now charge you. Nor has Mr Amten asked me to take the offence into account. I do remember though that the house-breaking with which you are now charged was your third visit to the house to take things. On this third night the owner had someone at the house who caught you as you were collecting what you wanted to take, clothing and a remote controller. That was between 7 o'clock and 8 o'clock in the evening.

Theft has a penalty of five years' imprisonment and you were given two months. House-breaking has a penalty of 14 years.

You were 16 when this happened. You are now 18 and you have already a conviction. You are not a first offender as you already have this conviction but I can regard the present offence as part of the one course of conduct.

I take into account in your favour three things. First, that you did not get away with the clothing and the remote controller: it could be argued that it was an attempt which just failed. For the purposes of sentencing I regard it as an attempt rather than a completed act. Secondly, that you have pleaded guilty. A person who pleads guilty can expect to be treated more lightly than otherwise. Finally, that you are still a young man.

You will be imprisoned for five months. The sentence will run from yesterday when you were taken into custody.

Dated the 17^th day of January 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE