Republic v Iran [2010] KIHC 23; Criminal Case 50 of 2009 (12 February 2010)

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

High Court Criminal Case 50 of 2009

THE REPUBLIC

V

KINATEAO IRAN

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Raweita Beniata

Date of Hearing: 12 February 2010

SENTENCE

Kinateao Iran: you have pleaded guilty to false pretences - a crime which has a maximum penalty of five years’ imprisonment.

Needing money to pay for courses at Kiribati Institute of Technology you wrote out a letter apparently from your uncle, Tekia Teanna, consenting to your withdrawing his money from the Kiribati Provident Fund. The KPF paid out $774.27. Your uncle knew nothing of this until he came to ask for the money himself and found it had gone.

You are 24 years old and recently married. You have been employed. Your husband sadly is sick and you have been looking after him. This is your first offence and you have pleaded guilty. These things mean a lesser penalty than you would otherwise be given.

Mr Beniata says you are willing to pay the money back to your uncle. I cannot give weight to that. It would be different if you already had paid it back or at least had had some of it ready to pay back. You have had time to do it.

This was a serious crime of dishonesty and you must serve a term of imprisonment. You are sentenced to six months to run from last Thursday 11 February when you went into custody.

Dated the 15th day of February 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice