Republic v Ititaake - Sentence [2005] KIHC 158; 18-05 (22 November 2005)

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

High Court Criminal Case No. 18 of 2005

THE REPUBLIC

vs

TARURU ITITAAKE

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoing Taoaba

Date of Hearing: 22 November 2005

SENTENCE

Taruru Ititaake: you have pleaded guilty to embezzling $284.80 when you were accounts clerk in the Agricultural Division of the Ministry of Natural Resources and Development. On the morning of your trial the Republic did not go on with the original charge which alleged an amount of $1,640.80 and substituted the second charge alleging $284.80 to which you immediately pleaded guilty.

You had issued receipts for $284.80 being moneys paid on the sale of livestock but instead of depositing the moneys you kept them for yourself. You admitted in your caution statement borrowing the money to pay for pig feed. That was some time in June and July 2001. What you had done was discovered at the beginning of September 2001. Yet it took until August 2005 for you to be charged. You had left the job and have lived a subsistence lifestyle since. You are married but your husband has no paid employment. He is diabetic: you have three children, one married, one at Moroni High School and one aged six. You say you would have repaid the money if you and the auditors could have agreed on the amount. As it is, no reimbursement has been made.

This is your first offence. You admitted taking money and pleaded guilty when the amount alleged to have been taken was reduced. Yet this is a case of serious dishonesty and people who take money from their employers must expect to serve a term of imprisonment.

The authorities waited nearly four years before bringing you to Court. That is an inexcusable delay. You have had hanging over you all that time the worry of what, if anything, was going to be done. In itself a punishment for you. I shall take it into account in fixing the term of imprisonment. It together with your being a first offender and pleading guilty will mean a less term than otherwise.

Although Ms Taoaba did not ask for suspension she did refer to two cases in which I suspended terms of imprisonment for similar offences. The facts of each of those cases justified suspension. Suspension is not justified in your case.

You will be imprisoned for three months, to run from yesterday when you went into custody.

Dated the 22nd day of November 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice