Republic v Urio [2006] KIHC 27; Criminal Case 37 of 2005 (16 February 2006)

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

High Court Criminal Case No. 37 of 2005

THE REPUBLIC

vs

RAKENNANG URIO

For the Republic: Ms Olga Guileen
For the Accused: Mr Glenn Boswell

Date of Hearing: 10 February 2006

SENTENCE

Rakennang Urio: you have pleaded guilty to house-breaking and committing a felony, and to larceny. You acted in company with Rekau Toora. What you both did is described in my reasons for convicting Rekau.

You would deserve the same penalty as I gave Rekau but for two reasons it will be less. You have only three previous convictions, drunk and incapable in 2001 and again in 2003 and criminal trespass in 2001. Rekau has a very long list of previous convictions. Secondly you have pleaded guilty while he denied the charges.

You are 40 years old and come from Abaiang. You are married with two young sons. You live a subsistence lifestyle. You had been drinking when Rekau approached you for help in moving things from a house: the things you and he stole.

For house-breaking and committing a felony you will be imprisoned for 15 months. For larceny you will be imprisoned for eight months. The sentences will be served concurrently. In 2003 you were directed to return to your home island Abaiang and to stay for one year. I make the same order again. At the end of your term of imprisonment you will return to Abaiang and live there for at least one year.

You have been in custody since 20 January and these terms of imprisonment will start from then.

Dated the 16^th day of February 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice