Republic v Rineta - Sentence [2006] KIHC 127; 43-06 (20 November 2006)

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

High Court Criminal Case 43 of 2006

THE REPUBLIC

v

UTIMAWA RINETA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 8 November 2006

SENTENCE

Utimawa Rineta: you have been found guilty of house-breaking and committing a larceny. You pleaded guilty to larceny.

Early one morning you forced a door into the Wishing Star Store on Betio. When you were seen you ran away taking a cash box with you. You were soon caught. The cash box was damaged. $186.55 was recovered.

You are 17 years old and a student at the Chevalier Training Centre. You live with your sister at Takoronga.

Your mother has agreed with the owner of the store to pay for the damage to the cash box and to reimburse the moneys taken from it. Even though it may be your mother and not you who is making the payments I take into account that the store keeper will not, finally, be out of pocket over this.

Also in your favour is that this is your first conviction. You pleaded guilty to taking the money and the cash box. The only point to be decided at the trial was whether or not you forced an entry. So you get some credit for the one plea of guilty even though you denied the other charge.

Mr Amten has referred to the Convention on the Rights of the Child which provides that in sentencing someone of your age, your best interests must be a primary consideration.

Yet what you did was very wrong and deserves a term of imprisonment. For house-breaking and committing a felony you will be imprisoned for six months: for the stealing you will be imprisoned for three months: the sentences to be served concurrently. You have been in custody awaiting sentence for 12 days now.

Especially in view of your age and the payments your mother has made and continues to make to the store keeper, the sentences of imprisonment will be suspended if you will promise not to commit any other offence in the next two years.

If you do not commit any other offence in the next two years then you will not have to serve six months in gaol.

If you do commit another offence in that time you will be punished for it and also be liable to go to gaol for the six months as well.

Do you understand? Yes.

Do you promise to behave in the next two years and not get into trouble? Yes.

Dated the 20th day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice