Republic v Teititi [2004] KIHC 168; Criminal Case 46 of 2004 (5 July 2004)

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

High Court Criminal Case No. 46 of 2004

THE REPUBLIC

vs

IANETI TEITITI

For the Republic: Ms Eveata Maata
For the Accused: Ms Jennifer Troup

Date of Hearing: 5 July 2004

SENTENCE

Ianeti Teititi: you have pleaded guilty to arson of a dwelling house and a classroom of Naibunaki Primary School at Ribono village, Abaiang. This is a very serious offence and it seems to be quite prevalent.

On 30 November 2003 you had an argument with your wife. You apparently had been drunk at that time. So because you were cross with your wife you grabbed a bottle of benzine, poured and sprinkled it on the wall of the house where you were and then set it alight. The fire destroyed the dwelling house completely and also spread to a nearby classroom which again was burned down to the ground. The two buildings were made of local materials. The damage caused was estimated at $1,979.

You are 24 years old, recently separated from your wife and have no children. You live a subsistence life style and now live with your parents at Abemama and you are unemployed.

I am told by your counsel Ms Troup that your relatives had rebuilt the burnt down houses and you yourself had financially contributed towards the cost of the building materials for those burnt down houses to the amount of $1,400.

You had pleaded guilty to the charge at the earliest opportunity and this will assist you when assessing the penalty as you will be getting a lesser penalty than otherwise. I am told that you are a first offender and had never been in trouble with the law nor with the police before.

Counsel for the prosecution and counsel for the defence had referred me to a number of cases on arson where the accused had been convicted or pleaded guilty and then sentenced by the court. No two cases are the same and each case must be decided on its own peculiar facts.

As I mentioned earlier the offence of arson is a very serious offence and carries a penalty of life imprisonment under the law. It is also quite prevalent throughout Kiribati and often took place where the accused is under the influence and whilst quarrelling with his or her family as you had done in the present case.

Taking the whole of the facts and circumstances together I am unable to find any facts in your case which would persuade me not to impose a custodial sentence on you. I therefore sentence you to 12 months’ imprisonment.

However in view of the fact that your relatives had rebuilt the burnt houses and you yourself had contributed $1,400 towards the purchase of the materials to rebuild the houses I order that that sentence be suspended for 18 months.

This means you will not go to gaol now to serve that term of 12 months’ imprisonment. However you will go to gaol to serve that sentence if you committed another offence during the 18 months whilst your sentence is suspended if a court convicts you with that new offence and sends you to gaol.

Dated the 5th day of July 2004

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
Judge