Republic v Kararaua [2009] KIHC 8; Criminal Case 2 of 2009 (9 March 2009)

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

High Court Criminal Case 2 of 2009

The Republic

v

Katokanana Kararaua
Kararaua Tiimi

For the Republic: Ms Tumai Timeon
For the 1st Accused: Mr Giles O’Brien-Hartcher
For the 2nd Accused: Sr Bernadette Eberi

Dates of Hearing: 4 March 2009

SENTENCE

Katokanana Kararaua and Kararaua Tiimi: you have each pleaded guilty to destroying property, a crime which has a maximum penalty of two years’ imprisonment and you Katokanana have also pleaded guilty to arson, a crime which has a maximum penalty of life imprisonment.

Kararaua you are the father of Katokanana. You live at Teaoraereke and next door to Fair Price. Relations with your neighbours have not been good: there has been tension between you. What happened on 11 September 2008 may be described as "the last straw". The driver of a truck owned by Fair Price could not control it. His brakes were not working properly. He collided with a vehicle in front of him, reversed and went through your front fence. Your children, members of your family were playing in the front yard. Mercifully none was injured but there could have been tragedy.

You both were angry and lost control. You shewed your anger by destroying the truck. You, Kararaua, smashed the front windscreen with your fist. You Katokanana punctured the tyres with a crowbar, went into the house, got benzine, splashed it inside the truck and set it on fire. It all happened within a minute.

These offences are most serious but I can understand the outrage you both must have felt at the thought of what a tragedy there might have been. I take that much into account in your favour when considering sentence.

You, Kararaua, are 51 years old. You are the father of nine children. You have lived in that place since childhood. Since this happened there have been mutual apologies between you and the owner of Fair Price.

You, Katokanana, have been a seaman for six years. You came home last August. The family is dependent on you for money. I am anxious that you should not lose your job because of this. Mr O’Brien-Hartcher approached your employer SPMS at my suggestion to find out what the policy may be with regard to the continued employment of seamen who are convicted of offences. The employer was unhelpful and refused to give any guidance. I can only express the hope that you will be able to continue as a seaman.

These are the first convictions for both of you. You have pleaded guilty. These things are in your favour and mean a lesser penalty than otherwise.

Normally doing what you did would mean serving terms of imprisonment but I take into account the special circumstances. They have decided me to suspend the sentences of imprisonment I must impose.

Each of you for destroying property is sentenced to six months’ imprisonment.

You, Katokanana, for arson are sentenced to two years’ imprisonment. The sentences, if served, are to be served concurrently.

All sentences will be suspended if you each will promise to be of good behaviour for the next two years.

If in the next two years you do not commit any further offences you will not have to serve these terms of imprisonment. If you were to commit any other offence in that time you would be punished for it and also be liable to serve these terms of imprisonment as well.

Do you, Katokanana, understand that? Yes.
Do you promise to behave? Yes.

Do you, Kararaua, understand that? Yes.
Do you promise to behave? Yes.

Dated the 5th day of March 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice