Republic v Tiemruti [2013] KIHC 12; Criminal Case 59-10 (26 February 2013)

IN THE HIGH COURT OF KIRIBATI 2013

CRIMINAL CASE NO. 59 OF 2010

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

ENATA TIEMRUTI
ACCUSED

Before: Hon Chief Justice Sir John Muria

25 & 26 February 2013

Ms Tewiia Tawita for Prosecution
Mr Raweita Beniata for Accused

SENTENCE

MURIA CJ: This is a serious case of breach of trust and a deliberate act of dishonesty by the accused perpetrated against a working colleague.

Although the accused pleaded guilty to two of the nine offences charged, the Court will take into account the seven charges outstanding, but which the prosecution is not pursuing.

As rightly pointed out by Ms Tawita, this is a serious offence of dishonesty and the maximum penalty of 14 years' imprisonment reflects the seriousness of the offences.

I take into account all that has been stated by Mr Beniata on behalf of the accused. In particular, I take into account in his favour his guilty plea, not only to the two counts in this Court, but that he readily admitted his wrongdoing to the police as long ago as November 2009. He should have been dealt with then. The delay must count in this favour.

His guilty pleas save the Court and prosecution and everybody else a long trial. I give him credit for his plea.

The most important factor in his favour are the steps he has taken to make good his wrong by making repayments to the victim. He paid $200.00 and now making arrangement to pay the balance.

This is his first brush with the law.

He is married with two children and a wife now pregnant. He has some physical disability which affects his health. He has quit drinking and made some self-help means of reforming himself.

Having taken into account all that had been ably said by Mr Beniata on his behalf, and Mr Beniata did not resile from the fact that custodial sentence is appropriate in this case, I feel a custodial sentence is inevitable in this case.

I take into account the outstanding charges and total amount involved, $700.00.

In the circumstances I feel the appropriate sentence is one of 12 months' imprisonment.

The sentence will be suspended in full, in view of the mitigating factors in this case, but more so to enable the accused to make full restitution to the victim by repaying him the outstanding balance of $500.00.

The suspension of imprisonment sentence is conditional on the accused's repayment of the balance of $500.00 within three (3) months from today. Failure of which the accused is to serve the full sentence of 12 months.

Dated the 26th day of February 2013

SIR JOHN MURIA
Chief Justice