Republic v Teangabure [2004] KIHC 4; Criminal Case 20 of 2003 (15 January 2004)

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

Criminal Case 20/03

THE REPUBLIC

vs

BUREUA TEANGABURE, TAURINE TARAKIA
NAWAIA TAB'AEKO

For the Republic:
For the 1st Accused: Mr Aomoro Amten
For the 2nd Accused: Ms Taoing Taoaba

SENTENCE

Bureua Teangabure and Taurine Tarakia: you have pleaded guilty to arson, setting fire to a buia and a kiakia on 28 January 2001 belonging to Tewaki Takiraro at Eita village on Tabiteuea North. It has been agreed by counsel that I should take the value of the buildings and other things burnt as $1000.

You, Bureua, have admitted that you were the leader in the crime. There was a family dispute between your wife and Teiwaki.

Both of you were in gaol on Tabiteuea North. You were drinking steam in the gaol and then broke out. You went on drinking and at about ten o'clock at night went to Tewaki's house. There you set fire to the buildings: the buildings and personal items and a canoe were destroyed.

You, Bureua, are 36 years old, at present without a wife and the father of 7 children. You admit 2 previous convictions, unlawful wounding in 1996 and attempted rape in 2000. There were crimes as different kinds from arson. I merely take into account that you have a previous criminal record.

You, Taurine, are 30. Your home island is Arorae. You have a 7 year old child who lives with her mother. I accept that you took part in this crime because you were afraid of Bureua. The only conviction you have on the Police Clearance Certificate is in December 2002. I ignore it as it was recorded after this offence. You must have done something, through, to have been in gaol on Tabiteuea North in January 2001. Whatever it was I ignore any previous offence in sentencing you.

Arson is a serious crime which as a rule deserves a term of imprisonment. You have both pleaded guilty, even though it was at trial. The earlier the indication of a plea of guilty, the more it is in favour of an accused person. Even your late pleas will mean lesser sentences than if you had pleaded not guilty and been found guilty.

You, Bureua, will be imprisoned for 9 months and you, Taurine for 3 months. The sentences will run from 7 November 2003 since when you have been in custody on this charge.

Dated this 15^th day of January 2004.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE