Republic v Mwemwenikeaki - Sentence [2008] KIHC 67; Criminal Case 42 of 2008 (10 December 2008)

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

High Court Criminal Case 42 of 2008

The Republic

v

Tekiera Mwemwenikeaki

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Giles O’Brien-Hartcher

Date of Hearing: 25 November 2008

SENTENCE

Tekiera Mwemwenikeaki: you have been found guilty of four counts of embezzlement, a felony with a maximum penalty of 14 years’ imprisonment. The facts are in the Reasons for convicting you.

You have said that what you did was to help two men Tiaon and Tatereta to get boats so they could go fishing and this would also help your employer the DBK. It finally helped none of them and you kept for yourself $1,220 which Tiaon and Tatereta paid to you personally, each thinking he was paying the DBK.

Mr O’Brien-Hartcher in an earnest plea for you has told me that you are a married man since 1974 with six children: you have a good employment history. If you are imprisoned it will bring shame, fear and embarrassment on your family. Mr O’Brien-Hartcher has pressed me to suspend the sentence of imprisonment.

Ms Beiatau has reminded me that breaches of trust, such as your actions were, always mean a term of imprisonment to be served. There is another reason not to suspend the sentence. In 2000 you were convicted in the Magistrates’ Court of theft and sentenced to nine months’ imprisonment. I assess from the sentence that what you had done then must have been quite serious even if not the most serious theft: a crime of dishonesty as this one was. It would be most unusual to suspend a sentence after a person has already been sentenced to a term of imprisonment.

You are sentenced to 15 months’ imprisonment.

Dated the 10th day of December 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice