Republic v Teburaa [2006] KIHC 97; 21-06 (17 May 2006)

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

High Court Criminal Case No. 21 of 2006

THE REPUBLIC

v

TEKAMMA TEBURAA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Karotu Tiba

Date of Hearing: 12 May 2006

SENTENCE

Tekamma Teburaa: you have pleaded guilty to house-breaking. Early one morning, about 2 am, you broke into a store by punching a sheet of masonite on the door and took some things and money. The lot was said b Ms Iteraera prosecuting to be worth about $80.00. I doubt if it were nearly as much as that from the list of the goods. Two ladies saw you inside drinking a can of beer.

You are 20 years old, married with an adopted three year old child. You are not employed. You say on this night you had been with friends. On your way home you broke in to get something to eat. You later went to the police and confessed. Mr Tiba when making submissions for you said you were willing to pay into court $50.00 as compensation.

I adjourned submissions to give you the opportunity to pay the money into court. I was happy to hear yesterday that you have paid the $50.00. In deciding on penalty that is very much in your favour.

You have no previous convictions and pleaded guilty on your first appearance in court. Because of your paying compensation, having no other convictions and pleading guilty you will receive a much lighter sentence than you would have.

Nevertheless what you did was not only silly but very wrong: it was a crime. You deserve punishment for it. If you do such a thing again you will be in serious trouble.

You will be imprisoned for three months. Because you have made compensation the sentence of imprisonment 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 you will not have to serve in gaol this three months’ imprisonment.

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

Do you understand? Yes.
Do you promise? Yes.

Dated the 17th day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice