Republic v Tion [2009] KIHC 7; Criminal Case 61 of 2008 (4 March 2009)

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

High Court Criminal Case 61 of 2008

The Republic

v

Mikaere Tion

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Giles O’Brien-Hartcher

Dates of Hearing: 26 February 2009

SENTENCE

Mikaere Tion: you have pleaded guilty to stealing on 1 March 2008 a cheque form from a cheque book which you saw in the owner’s handbag, filling it in for $100, forging the signature of the owner, taking it to Taotin Trading and using it to buy $30 worth of perfume and gel and spending the change of $70.00. You have admitted having been convicted of theft in 1999 when you were fined $50.00.

You are now 29. Unmarried, in March 2008, you were living in a household of which the owner of the cheques book was also a member. One morning you took her cheque book from her handbag. Having filled it in and forged the lady’s signature you endorsed it on the reverse side with a false name and claimed at Taotin that the cheque was yours. You left the store. One of the employees had recognized you and it was seen that you had endorsed the cheque in a false name.

This was a dishonest course of conduct. Mr O’Brien-Hartcher submitted that uncharacterically you were drunk when you took the cheque form and it was a spur of the moment action. I do not accept that: it was a course of action which must have taken some time.

You have been employed as a fisherman by a fishing co-op on North Tarawa. You say you will repay the money. Yet you had plenty of time in 2008 and until now to save up and have it ready to pay back.

Actions such as yours require a sentence of imprisonment and one which is served. The more so when there is a previous conviction for dishonesty even if nine years earlier. I shall, though, take into account that you have pleaded guilty. That means a reduction in the term of imprisonment which otherwise would be imposed.

Mr O’Brien-Hartcher has argued that I should suspend the imprisonment. For two reasons I shall not do that. First because you already have a conviction for dishonesty and secondly because a crime of dishonesty means time in gaol unless there are exceptional circumstances. There are no exceptional circumstances.

You are sentenced to six months’ imprisonment for the larceny;
to one year for the forgery and
to one year for the uttering.

The sentences are to be served concurrently and to date from 19 January when you went into custody.

Dated the 4th day of March 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice