Republic v Terieta [2004] KIHC 95; Criminal Case 47 of 2003 (10 February 2004)

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

Criminal Case No. 47 of 2003

THE REPUBLIC

vs

BERENATO TERIETA

For the Republic: Ms Tetiro M Semilota
For the Accused: Mr Aomoro Amten

Date of Hearing: 2 February 2004

SENTENCE

Berenato Terieta: you have been found guilty of Criminal Trespass. You were disturbed in a house between two and three o'clock in the morning next to a young girl. One can only guess what your intentions may have been. It was a very serious criminal trespass.

You are now 39 years old, married and have three children.

You have a bad record of offending. Many of your crimes in the 1980's are similar to this one. In 1987 you were convicted of murder.

The maximum penalty for criminal trespass is 12 months' imprisonment. Ms Semilota, prosecuting, asked that you receive the maximum. That may just be too much. In view of your past record and the serious nature of the crime you will be imprisoned for 11 months. You have been in custody since the end of July. The sentence will run from 31 July 2003 when I refused you bail.

Dated the 10^th day of February 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice