Republic v Robwati & Kabane - Sentence [2006] KIHC 122; 45&46-06 (2 May 2006)

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

High Court Criminal Case No. 46 of 2005

THE REPUBLIC

v

URITI ROBWATI

For the Republic: Ms Olga Guillen
For the Accused: Mr Karotu Tiba

Date of Hearing: 26 April 2006

High Court Criminal Case No. 45 of 2005

THE REPUBLIC

v

TEAITAO KABANE

For the Republic: Ms Olga Guillen
For the Accused: Mr Aomoro Amten

Date of Hearing: 26 April 2006

SENTENCE

Teaitao Kabane and Uriti Robwati, you have each been found guilty of offences concerning a break-in over the week-end of 29/30 January 2005. Mr Tareti Torote’s store in the TUC market at Bairiki was broken into - by getting in through the roof - and more than $10,000 worth of goods stolen. You then tried to dispose of the goods by saying they belonged to your sister, Teaitao. You used what proceeds there were on buying alcohol.

You, Teaitao say you lost 58 wedding rings and pawned two of the eight watches you took. What has happened to the other things - $100 cash, six sleeves of cigarettes, nine walkman and six bottles of perfume - you have not said. You have had plenty of time since you were charged - and some encouragement - to restore them. I have a suspicion that they may have been hidden so that when you each come out of gaol you may have them again. In sentencing I ignore that suspicion, do not take it into account. I merely say that if the stolen property had been restored it would have meant shorter sentences.

Mr Torote was not insured, and he must bear the loss personally. It is a tragedy for him. These were very serious crimes indeed.

You, Teaitao, pleaded guilty to house-breaking and committing a felony - a crime which has a penalty of 14 years’ imprisonment - and to stealing which has a penalty of five years’ imprisonment.

You have six previous convictions for minor offences in 1996 and 1997. I ignore them in sentencing you for these crimes. Also very much in your favour is that you pleaded guilty. That was on 10 March. Mr Amten made sentencing submissions for you on 14 March. You were remanded in custody until after Uriti’s trial as you had offered to give evidence against him. When it came to Uriti’s trial you were not a willing witness and were declared hostile. You eventually told the truth - that Uriti had gone into the store with you - and it was on that evidence Uriti was convicted. You are entitled to some reduction in penalty for giving evidence but not as much as if you had been a willing witness.

You are 34, unmarried, have no children and no job. Your home island is Abemama and you should go back there. You say you came to Tarawa to help baby sit your sister’s children. You were afraid afterwards to go to the storekeeper to apologise.

You, Uriti, are 25, unmarried and also come from Abemama. You are now living with your family here on Tarawa, at Bairiki. The family lives a subsistence lifestyle. If your family were not on Tarawa I would order that you should go back to Abemama.

You, too, have previous convictions, four between 1999 and 2001. They are minor and I ignore them in sentencing you.

Teaitao: for house-breaking and committing a felony you will be imprisoned for five years: for stealing you will be imprisoned for three years. The terms will be served concurrently and will run from 9 March this year when you went into custody. Pursuant to section 37(1) of the Penal Code I order that upon termination of your sentence of imprisonment you be returned to Abemama and live there for one year.

Uriti: for stealing you will be imprisoned for four years to run from 26 April 2006 when you went into custody.

Dated the 2nd day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice