Republic v Teae & Anterea - Sentence [2006] KIHC 56; 10-06 (1 May 2006)

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

High Court Criminal Case No. 10 of 2006

THE REPUBLIC

v

TEUEA TEAE
TERANNANG ANTEREA

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

Date of Hearing: 1 May 2006

SENTENCE

Teuea Teae and Terannang Anterea: you have both pleaded guilty to forgery, uttering and receiving money on a forged document. You are husband and wife. You needed security for a loan of $4,062.00 from the DBK to buy an outboard engine for fishing. You approached your mother, Terannang, whose name is N. Maria Kaitaake asking her to pledge her KPF money. N. Maria, who at the time lived with you, refused. So you, Terannang, suggested to you, Teuea, that you forge Nei Maria’s signature. You did this and got the loan. You bought the outboard. N. Maria found out when the DBK sent her a form regarding insurance. She was angry and told the police. For reasons which I cannot understand Nei Maria, although she is the victim of the wrong doing and innocent of any wrong herself has been denied access to her KPF money. This even though your father, Teuea, has given his pledge as security for the loan and the pledge has been accepted.

Forgery and uttering each have maximum penalties of two years’ imprisonment. Receiving money on a forged document is regarded as more serious and has a maximum penalty of 14 years’ imprisonment.

Much in your favour is that these are your first offences and you pleaded guilty on your first arraignment. This will mean lesser penalties than if you had pleaded not guilty.

Also in your favour, despite Ms Guillen’s submission to the contrary, is that you did arrange an alternative pledge for the loan. In sentencing I should take the version of the facts most favourable to an accused. I therefore shall assume that you arranged for your father, Teuea, to give the security as much to undo the wrong you had done to N. Maria as to secure the loan from the DBK.

Mr Tiba said you did not understand how serious and wrong forging a signature is and then getting money because of the forgery. You thought Nei Maria would finally agree to what you had done as she, too, would benefit from the use of the outboard. You have offered her an apology but it has been refused until her security is released.

You are 28, Teuea and you, Terannang 29. You have two young daughters aged nine and four. You have no paid employment and live a subsistence lifestyle.

You seem each to have been equally responsible and so should each receive the same punishment. For forgery you will each be imprisoned for six months. For uttering you will each be imprisoned for six months. For receiving money on a forged document you will each be imprisoned for 12 months. The sentences to be served concurrently.

I have thought carefully about whether I may suspend the sentences of imprisonment. I did not ask Ms Guillen whether the Republic opposes suspension but even if it does I have decided to suspend: these are your first offences, they were within the family to borrow money for a good purpose, you have two little girls to look after and I accept that you did not realize that what you were doing was seriously wrong. The sentences of imprisonment will be suspended if each of you will promise to be of good behaviour for two years.

If you do not commit any other offence in the next two years then you will not have to spend these 12 months in gaol.

If you were, however, to commit any other offence you would be liable to be punished for it and also to serve the 12 months as well.

This applies to each of you.

Do you understand? Yes. Yes.
Do you agree to be of good behaviour for the next two years? Yes. Yes.

Dated the 2nd day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice