Republic v Vincent [2005] KIHC 152; HCCrC 26-05 (17 November 2005)

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

High Court Criminal Case No. 26 of 2005

THE REPUBLIC

vs

ANATAA VINCENT

For the Republic: Ms Olga Guillen
For the Accused: Mr Banuera Berina

Date of Hearing: 16 November 2005

SENTENCE

Anataa Vincent: you have pleaded guilty to five offences –

Forgery of a valuable security with intent to defraud

Forgery of a document with intent to defraud

Forgery of a valuable security with intent to defraud

Uttering and

False pretences

They were all part of the same course of conduct. You have worked for the Bank of Kiribati since 1998 and by September 2004 were appointed EDP Supervisor. You had staff under you.

You bought a motorcar for $7,500 and needed $1,300 by 7 July 2005 to pay it off or otherwise it would be repossessed. You applied for a loan of $1,500. The loan was approved but would not come through until after 7 July. So you did what you described afterwards and correctly as a very silly thing. It was also a very dishonest thing. On the day before, 6 July, you took a Government cheque, changed the date on it and had $1,803.50 paid into your grandfather’s account: you then forged his signature on a withdrawal form for $1,800 and had that paid into your own account. You withdrew $1,300 to pay off the car. You meant the whole thing to be a loan which you would pay back when your own loan came through.

You immediately knew you had done wrong and confessed it all to your Chief Operating Officer.

You have lost your job. You know you have brought shame on yourself and your family. Your parents-in-law have paid back to the Bank the money you dishonestly obtained. You are married, have two children and are still breast feeding the younger. You have been the family breadwinner as your husband is not working. You have been of good character. These are your first offences. You admitted them and have pleaded guilty as soon as you could. All these things mean a lesser penalty than otherwise.

Yet offences of dishonesty like these by persons in positions of trust must lead to a term of imprisonment. On each of the five charges you will be imprisoned for four months. The terms will be served concurrently and will run from yesterday 16th November when you went into custody.

Dated the 17th day of November 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice