Republic v Turerei & Taau - Sentence [2006] KIHC 115; 34-06 (7 November 2006)

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

High Court Criminal Case No. 34 of 2006

THE REPUBLIC

v

TARURU TUREREI
MATIA TAAU

For the Republic: Ms Ruria Iteraera
For the 1st Accused: Mr Karotu Tiba
For the 2nd Accused: Mr Aomoro Amten

Date of Hearing: 6 November 2006

SENTENCE

Taruru Turerei and Matia Taau: you have pleaded guilty to simple larceny, stealing. One night in August 2005 you went into an unlocked office which seems to have been a store room filled with all sorts of things. You saw two partly used tins of paint and took one each. You were seen almost immediately and arrested. A full tin was worth $40.00. The value of the two tins you took I assume was less than $50.00 in all.

Taruru: you are 21 years old. Your home island is Nikunau. When this happened you were living with your uncle at Taborio. You admit you had been drinking. In June this year you began training at the MTC.

Matia: your home island is Nonouti. You live with your parents a subsistence lifestyle. You were still at school when this happened. You, too, admit to have been drinking.

This is a first offence for each of you and you each pleaded guilty as soon as you could. Those things are in your favour and mean a less severe penalty than otherwise.

It was a trivial offence. Mr Tiba told me Taruru, that the fact of your having a conviction would mean you leaving the MTC. It would be a shame to lose a good career for so small an offence. It is for the MTC authorities but I express the hope that you will not have to give up training as a seaman.

The law allows a person who has committed only a trivial offence to avoid a conviction. This was trivial and the Court may dismiss the charge on conditions.

Without proceeding to conviction, I dismiss the charge against each of you. I do this especially for you, Taruru, in the hope that MTC will allow you to continue training. It would be unfair, Matia, to treat you differently. You should both be treated in the same way and so I dismiss the charge against each of you.

I dismiss the charge on condition that you promise not to commit any other offence in the next 12 months. Does each of you promise to behave in the next 12 months and in the future after that?

Taruru? Yes.
Matia? Yes.

You are discharged. You may leave.

Dated the 7th day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice