Republic v Tiaon - sentence [2005] KIHC 165; Criminal Case 19 of 2005 (29 December 2005)

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

High Court Criminal Case No. 19 of 2005

THE REPUBLIC

vs

TAUATI TIAON

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Glenn Boswell

Date of Hearing: 24 December 2005

SENTENCE

Tauati Tiaon: you have pleaded guilty to burglary. Your home island is Nikunau. During a farewell in the maneaba for Pastor Reerenga you broke into her house where she had packed her things ready to leave the next morning. You took a walkman, cassettes and a small bag containing money. You used a $5.00 note from the money to buy some batteries. The next morning the police recovered what you had taken, all but the $5.00 you had spent.

To take advantage of a lady, a pastor, who was being given a farewell and to break into her house when you knew she would not be there was a very mean as well as a dishonest thing to do. Burglary is regarded as a most serious crime and has a maximum penalty of life imprisonment.

You are 19 years old and live with your parents and younger brothers. Your family lives a subsistence lifestyle. You were at school until last year, 2004. Mr Boswell told me you had been drinking heavily when you did this.

That you have no previous convictions and you have pleaded guilty is in your favour when I decide on sentence. Yet you must spend a significant time in gaol. I sentence you to 18 months’ imprisonment.

You have already been in custody since 23 November and for a day before that. Your sentence will date from 23 November.

Dated the 29th day December 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice