Republic v Biita - sentence [2003] KIHC 85; Criminal Case 18 of 2003 (10 July 2003)

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

Criminal Case No. 18 of 2003

THE REPUBLIC

vs

BOATA BIITA

For the Republic: Ms Melissa Kent
For the Accused: Mr Aomoro Amten

Date of Hearing: 9 July 2003

SENTENCE

Nei Boata Biita: you have pleaded guilty to embezzlement by a servant. In 2000 you were employed by the North Tarawa Council as a radio operator. On 29 March you took $106.30 which had been sent by the Ministry of Finance, meant for someone else, and which you had received. The money was found missing on an audit later in the year. After first denying that you had taken it, you admitted you had used it for funeral expenses.

You are 36, married with five children aged between eight and one. You have been suspended by the Council since late in 2000 but have been working as a pre-school teacher.

Normally any theft by a servant is punished by a term of imprisonment.

In your favour is that you have no previous convictions and that you have pleaded guilty. Mr Amten pointed out that it took the Republic about 2½ years to get round to charging you: an inordinately long time after which you may have thought the matter had been forgotten. You have today made full restitution by paying into court the amount you stole.

The Republic does not, Ms Kent said, ask for an immediate custodial sentence.

You are sentenced to four months' imprisonment but the imprisonment will be suspended if you promise to be of good behaviour for the next 18 months.

This means that if you do not commit another offence within the next year and a half then you will not have to go to gaol.

If you do commit another offence you will be liable to be punished for it and also to go to gaol for the four months.

Do you understand?

Do you agree?

Dated the 10^th day of July 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE