Republic v Berenato - sentence [2004] KIHC 113; Civil Case 02 of 2002 (27 May 2004)

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

Civil Case 2 of 2002

THE REPUBLIC

vs

AMON BERENATO

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 18 May 2004

SENTENCE

Amon Berenato: you have been found guilty of five counts of simple larceny. Simple larceny is a crime which has a maximum penalty of five years' imprisonment.

You were the cashier of the Catholic group in Kuma village on Butaritari. You had possession of the Bank pass book but needed authority before making any withdrawals. Without authority you made five withdrawals amounting to $950.00. You were just about to get on the plane for Tarawa when members of the group came and got the pass book back from you. You did not give the money to the group but kept it for yourself.

What you did was very bad conduct indeed. They were mean acts. You were trusted by the Catholic group and you did not honour the trust. You dishonestly took $950 of their money. As Ms Iteraera has submitted, that is a large sum of money at Kuma village on Butaritari.

Crimes of dishonesty such as these require unless there are special reasons, that the person committing them serve a term of imprisonment.

You are 31 years old and have two children by your first wife. You have no children by your present wife. You live a subsistence life style and help take care of other members of the family. You have no previous convictions.

The five occasions when you wrongly withdrew money formed a course of conduct over about three weeks.

On each of the five counts you will be imprisoned for one year. The five terms will be served concurrently and will run from 26 May when you went into custody.

Dated the 27^th day of May 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice