Republic v Yu [2013] KIHC 14; Criminal Case 34-12 (4 March 2013)

IN THE HIGH COURT OF KIRIBATI 2013

CRIMINAL CASE NO. 34 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND:

WENJUNG YU
1ST ACCUSED

TETAAKE HOU
2ND ACCUSED

Before: Hon Chief Justice Sir John Muria

28 & 29 February & 4 March 2013

Ms Pauline Beiatau for Prosecution
Ms Taoing Taoaba for Accused

SENTENCE

The accused is found guilty and convicted of the offence of Failing to Declare Currency Exceeding the equivalent of $5,000 when leaving the country contrary to section 115A of the Proceeds of Crime Act 2003 (as Amended).

The accused is a first offender and since March 2012 he had been out of employment. The only financial resources he can rely on is the money that is now held as Exhibit in Court.

The offence of removing money out of the country without declaring it is a serious offence. Parliament reflects that seriousness by making a stern punishment against those who break the law in this regard. That punishment is a fine of $12,000 or imprisonment for two years or both.

There is no evidence in this case that the money involved is an illegal money. The only evidence before the Court shows that the money is the accused's salary (including his termination pay). There is nothing to stop him from taking it out of the country, as long as he declared it. It was his failure to declare it that landed him before the Court.

The loss to the Government in such a case would have been loss of information because the accused failed to declare it.

I take into account all that is said on his behalf by Ms Taoaba.

Taking all that had been put to the Court, I feel the interest of justice will be served if a financial penalty is imposed on him rather than a custodial sentence.

The accused will pay a fine of $500.00 and $1,000.00 of the money seized be forfeited to the Republic as an additional punitive measure against the action of the accused.

ORDER

1. Fine of $500.00 to be paid by 12 noon tomorrow in default one month's imprisonment;

2. $1,000 to be forfeited to the Republic.

Dated the 7th day of March 2013

SIR JOHN MURIA
Chief Justice