Republic v Kanitio - Sentence [2006] KIHC 126; 45-06 (14 November 2006)

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

High Court Criminal Case 45 of 2006

THE REPUBLIC

v

TAEUAIA KANITIO

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

Date of Hearing: 14 November 2006

SENTENCE

Taeuaia Kanitio: on 14 March 2006 you did something that was both stupid and dishonest. You went to the Births, Deaths and Marriages in Bairiki and registered the birth of a son. You had not given birth to a son. You were facing court on a forgery charge and may have thought that if the Court believed you had an infant you would avoid imprisonment. If you thought this, it did not work. Your deception was discovered the next day and you were sentenced to four months in gaol.

Since then you have had, I am assured, a baby now a month old. You are aged 21 years. Your husband has left you.

The maximum penalty for what you did is imprisonment for seven years. What makes your crime even more serious is that you committed it to mislead, deceive the High Court.

You will be imprisoned for three months. Because and only because you have so young a child the sentence will be suspended if you will promise to be of good behaviour for the next 18 months.

If you do not commit any other offence in the next 18 months then you will not have to serve this three months in gaol.

If you do commit another offence in the next 18 months then you will be punished for it and liable to go to gaol to serve this three months as well.

Do you understand? Yes.
Do you promise to behave yourself in the next 18 months? Yes.

Dated the 20th day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice