Republic v Mauri - Sentence [2006] KIHC 114; 39-06 (23 October 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 39 of 2006

THE REPUBLIC

v

TIOTI MAURI

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Karotu Tiba

Date of Hearing: 18 October 2006

SENTENCE

Tioti Mauri: you have pleaded guilty to larceny in a dwelling house and to entering a dwelling house at night with intent to commit a felony.

About 2 o’clock one morning when you were going home, you went into Peter Tong’s house which was open and took 3 CDs. The people in the house recognized you as you ran away. You live quite close to Peter Tong with your mother and father. You are probably in your 30’s, not married and not employed.

What you did was a very silly and very bad thing. People should know that no one will come into their houses at night as you went into
Peter Tong’s house.

This is your first offence and you have pleaded guilty. Both these things mean that you will be punished less severely than you would have been otherwise.

However because going into someone else’s house as you did is a serious crime you should be sentenced to serve time in gaol.

Because you are a simple minded person the sentence of imprisonment will be suspended but you must know that if you ever do such a thing again then you will go to gaol for a good long time.

I also take into account that you have been in gaol waiting for the hearing of your case since 3rd October, nearly three weeks.

On each count you will be imprisoned for six months: the sentences to be served concurrently. The terms of imprisonment will be suspended if you will promise not to get into trouble again with the law for the next two years.

If you do not commit any other offence in the next two years you will not have to serve this six months in gaol. But if you are convicted in the next two years you will be punished for whatever you have done wrong and you will be liable to be sent to gaol for this six months as well.

Do you understand? Yes.
Do you promise to behave in the next two years? Yes.

Dated the 23rd day of October 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice