Republic v Tataku [2010] KIHC 53; Criminal Case 11 of 2010 (14 April 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

High Court Criminal Case 11 of 2010

HELD AT BETIO
REPUBLIC OF KIRIBATI

THE REPUBLIC

V

TEAARA TATAKU

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Debrah Mercurio

Date of Hearing: 12 April 2010

SENTENCE

Nei Teaara Tataku: you have pleaded guilty to arson, to the burning down of a house at Aoniman village on Beru. After discussion with the lawyers I shall sentence you on the basis of one house burnt at a value of about $450.

Your father Tataku had a fight with another man Bountarawa. Your father was badly injured. Later in the day a group of people came to take revenge on Bountarawa. What seems to have become a riot led to the death of Bountarawa. In the course of it you have admitted setting fire to Bountarawa’s house. You have given no explanation except that you were upset and in shock.

You are now 18 years old. You and your family live a subsistence life style. Because of your father’s injuries you must do many of the things he used to be able to do. I take into account all that Ms Mercurio said for you.

This is your first conviction and you have pleaded guilty. These things are in your favour and mean a less severe penalty than otherwise. Nevertheless arson is regarded as a very serious crime: it has a maximum penalty of life imprisonment.

Ms Mercurio has asked that I suspend any sentence of imprisonment. In view of the circumstances of the crime and your family situation I shall suspend the sentence.

You are sentenced to imprisonment for 12 months but the sentence will be suspended if you will promise to be of good behavior for the next two years.

If you do not commit another offence in the next two years you will not have to serve this 12 months in gaol. If you do commit another offence in the next two years you will be liable to be punished for it and also to serve this 12 months in gaol as well.

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

Dated the 14th day of April 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice