Republic v Moniketi [2006] KIHC 14; Criminal Case 22 of 2005 (16 January 2006)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case No. 22 of 2005

THE REPUBLIC

vs

URIAM MONIKETI

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Glenn Boswell

Date of Hearing: 19 December 2005

SENTENCE

Uriam Moniketi: you have been found guilty of arson. That is a crime which has a maximum penalty of life imprisonment: the heaviest penalty possible in Kiribati.

You burnt down a local house belonging to the KPC in Abemama. The facts are in my reasons for convicting you.

I convicted you on 14 December and heard submissions on penalty on 19 December. I then adjourned sentence to give you the opportunity to find $1,000. That is the estimated value of the house you burnt down. Had you been able to raise the money to pay to the KPC as compensation it would have meant a lesser penalty for you. You have not been able to find the money.

You have five children. One of them lives with you and your wife on Tarawa and three grand children as well. You are living a subsistence life style but receive $100 a month from your son who is a seaman. Mr Boswell describes you as a gentle man who has done a silly thing.

You have no previous convictions. That is in your favour and means a lesser penalty.

Arson is a serious crime. What you did was not only silly but fool-hardy and you did it quite deliberately. You must spend time in prison. You are sentenced to nine months.

Dated the 16th day of January 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice