Republic v Tanentoa [2004] KIHC 111; Criminal Case 22 of 2004 (24 May 2004)

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

Criminal Case No. 22 of 2004

THE REPUBLIC

vs

AMWERI TANENTOA

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Jennifer Troup

Date of Hearing: 21 May 2004

SENTENCE

Amweri Tanentoa: you have pleaded guilty to embezzlement as a clerk. That is a crime which has a maximum penalty of 14 years' imprisonment.

In 1999 and 2000 you were employed by the DBK on Nonouti. Between December 1999 and July 2000 you have admitted taking $1167.50 from your employer. Ms Troup says that you were drinking a lot, meant to pay the money back but forgot. You are now remorseful and will repay the money when you can. I am afraid I cannot accept that. You have had nearly four years to make repayments but have done nothing about it.

You are 31, unmarried and live with your adoptive parents in Abatao.

There are three things in your favour. They go to reduce the term of imprisonment I must impose. First it is nearly four years since you took the money. That is a long time to have had the matter hanging over you. You should have been brought to Court well before this. Secondly, you have no previous convictions. Thirdly you have pleaded guilty as soon as you could.

Crimes of dishonesty lead to a term of imprisonment unless there are very special reasons to the contrary. There are none in your case which would justify your not having to serve time in gaol.

You will be imprisoned for one year. The term will run from last Friday
21 May when you went into custody.

Dated the 24^th day of May 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice