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High Court of Kiribati |
IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI
High Court Criminal Case 1 of 2010
THE REPUBLIC
V
RIIN TAAMON
For the Republic: Ms Pauline Beiatau
For the Accused: Ms Abunaba Takabwebwe
Date of Hearing: 28 January 2010
JUDGMENT
The prisoner, Nei Riin Taamon, has pleaded guilty to four charges – causing money to be paid on forged documents, false pretences, forgery and uttering. The total money involved is $5,648.00. The pleas of guilty came at the first opportunity. She has no previous convictions.
Nei Riin was for many years until the offences were discovered in 2007 a Senior Loans Officer in the DBK. Because she needed money she invented a fictitious borrower, Tabokai Toromon and had approved to him a loan of $5,648.00. Through her counsel, Ms Takabwebwe, she has admitted that she used the money herself.
As a rule, an offence of dishonesty like this would mean the offender must serve a sentence of immediate imprisonment. No doubt of it. In this case there are two things which make it an exception.
First, two sisters of the prisoner have undertaken to repay the money by instalments. So far they have repaid $2,470.63 and Ms Takabwebwe assures the Court they will keep the payments up until the full $5,648.00 is repaid.
Second, Ms Takabwebwe has told the Court and Ms Beiatau, prosecutor, has not challenged that the lady is suffering from cancer in her upper face, ear and throat and is in constant pain. She is awaiting chemotherapy in New Zealand.
Pursuant to S.36 of the Penal Code Nei Riin Taamon is released on probation provided she will promise to be of good behavior for the next two years and come up for sentence if called upon. The Court will only call upon her if she were to commit another offence or if the payments to the DBK are not kept up until the whole amount of $5,648.00 has been repaid.
Dated the 29th day of January 2010
THE HON ROBIN MILLHOUSE QC
Chief Justice
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URL: http://www.paclii.org/ki/cases/KIHC/2010/10.html