Republic v Tekaie [2009] KIHC 10; Criminal Case 76 of 2008 (12 March 2009)

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

High Court Criminal Case 76 of 2008

The Republic

v

Kanta Tekaie

For the Republic: Ms Ereta Bruce
For the Accused: Mr Karotu Tiba

Date of Hearing: 6 March 2009

SENTENCE

Kanta Tekaie: you have pleaded guilty to the theft of $7,393.00 from the Bank of Kiribati.

On 26 October 2007 you went to the Bank in Bikenibeu with a Neways cheque for that amount. You asked the teller to deposit it in your account. While she was processing the transaction you changed your mind and asked for cash. You were given the cash but the teller did not cancel the deposit of the cheque nor enter the cash transaction. These, I assume, were her mistakes. It meant that you had both $7,393 in cash and also the record of a deposit of $7,393 into your account.

On 1 November you cashed your own cheque for $7,450.00. By 6 November Neways had picked up the error on their statement and reported it.

The next day you admitted to the Bank what you had done. You offered to return the money but could not do it immediately. You did however pay the money back within two months, in January 2008 but the Bank omitted to inform either the police or the prosecuting authorities of the repayment until 5 March 2009.

In the meantime, on 17 December 2008 you were charged.

You are about 41 years old, married with six children.

What you did was very wrong, a serious offence. It was also foolish as it must soon be detected.

I accept, though, that the Bank teller through carelessness, put sudden temptation in your way.

In your favour is that this is your first offence and you have pleaded guilty. Those things mean a reduction in penalty. In your case you also repaid the money. That is much in your favour.

You are sentenced to six months’ imprisonment. Normally an offence of dishonesty means a term of imprisonment to be served but I shall suspend this term of imprisonment. There is a good, special reason for doing so. You paid back the money in January, no more than two months after the offence. It was another 10 months before you were charged.

The term of imprisonment will be suspended if you will promise to be of good behaviour for one year.

If you do not commit another offence in the next 12 months you will not have to serve this six months in gaol.

If on the other hand you were to commit another offence in the next 12 months you would be punished for it and liable to serve this six months in gaol as well.

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

Dated the 12th day of March 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice