Kotua v Republic [2007] KIHC 144; Criminal Appeal 12 of 2007 (27 November 2007)

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

High Court Criminal Appeal 12 of 2007

BETWEEN:

Tooti Kotua
Appellant

AND:

The Republic
Respondent

For the Appellant: Ms Tania Moxon
For the Respondent: Ms Pauline Beiatau

Dates of Hearing: 22 & 27 November 2007

ORDER
(Ex Tempore)

The appellant when he and a friend were drunk and standing under the verandah at Fair Price took a motorbike for a ride. The bike is valued at $1,650. The appellant was apprehended by the police. He took them to where he thought he had left the bike. It was gone. Fair Price has neither recovered the bike nor received any reparation for it. Although the appellant’s mother has offered to make reparation, from Ms Moxon’s instructions it is clear she cannot except by small payments over a long time. I shall have to assume there will be no reparation.

The appellant pleaded guilty to theft. He has two previous convictions. They are trifling and should be ignored in fixing penalty. The Single Magistrate sentenced him to 18 months’ imprisonment. In the circumstances of this being regarded as a first offence and his plea of guilty this was much too long: Ms Moxon has asked that the imprisonment be suspended. I do not feel able to suspend but do consider the term should be reduced.

The appeal is allowed: the penalty of imprisonment for 18 months is quashed: instead the appellant is sentenced to nine months’ imprisonment. It is noted that he has been in custody since 19 September: the period of nine months will run from then.

THE HON ROBIN MILLHOUSE QC
Chief Justice