Republic v Wilder [2004] KIHC 265; Criminal Case 48 of 2004 (2 December 2004)

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

High Court Criminal Case No. 48 of 2004

THE REPUBLIC

vs

TAWANA WILDER

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Botika Maitinnara

Date of Hearing: 26 November 2004

SENTENCE

Tawana Wilder: you have pleaded guilty to two counts of larceny as a servant, in May and June 2001 when you were employed by Kiribati Supplies Company Limited on Kiritimati Island. You had been employed by the Company since 1977 and in 2001 were acting as Assistant Accountant. You were dismissed in July 2001. The total amount you have admitted stealing is $2,804.45.

Ms Maitinnara told me that you are the breadwinner for your family. You live on Kiritimati but came to Tarawa in October 2003 and have been working here part time as a bus conductress.

Through Ms Maitinnara last Friday you said you would make full restitution by Monday morning. You did not and although I have twice given you time until this morning to pay the money into Court you have not made any restitution.

I take into account that you committed these offences more than three years ago and it took the authorities three years before any charges were laid and another five months before the amended charges to which you have pleaded guilty.

The Solicitor General described the KSCL accounts on Kiritimati as being in disarray and it took the auditors and police a long time to work out what had gone on. Maybe so: that is a good reason to improve police ability to investigate complex financial crimes: it does not lessen the anxiety which one accused of a crime must feel having accusations having over her for so long, not knowing what is going to happen. That there has been a long delay is a matter to be taken into account in your favour in fixing penalty.

I also take into account in your favour that these are your first offences and that you have pleaded guilty as soon as the amended charges were filed.

Nevertheless what you did was seriously wrong. This Court has said many times that stealing from an employer will mean a term of imprisonment. The amount you stole was substantial. A non-custodial penalty or the suspension of a term of imprisonment is out of the question.

Yet the reasons I have already mentioned – first offences, pleas of guilty and long delay in charging you - mean a shorter time in gaol than otherwise. The maximum penalty for larceny as a servant is 14 years. On the first count you will be imprisoned for six months: on the second count you will be imprisoned for 15 months. It was one course of conduct and the terms of imprisonment will be served concurrently. That means a total imprisonment of 15 months. You went into custody yesterday 1st December and the imprisonment will date from then.

Dated the 2nd day of December 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice