Republic v Timra [2014] KIHC 4; Criminal Case 19 of 2013 (8 April 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 19 OF 2013
Held at Butaritari

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

BEN TIMRA
ACCUSED

Before: Hon Chief Justice Sir John Muria

8 April 2014

Ms Pauline Beiatau for Prosecutor
Ms Arian Arintetaake for Accused

SENTENCE

Muria CJ: Arson is a serious crime. The maximum penalty is life imprisonment. The maximum penalty, however, is always reserved for the worst case.

The accused deliberately burnt the dwelling house of the victim and his family. The items burnt were expensive: $9,000+ for the items plus $1,300 cost of the house, totalling over $10,000 loss to the victim and his family.

This is a serious offence and the appropriate sentence is one of custodial sentence. The only question is how long and whether it should be suspended.

The accused pleaded guilty and this has the effect of greatly reducing the sentence. He readily admitted his guilt at the earliest opportunity to the Police.

Ben Timra, this is your first offence and at the time you committed the offence you were a young person. You were sorry for what you did. The Court must take into account the fact that none of the items burnt were repaid.

Taking all that has been said on your behalf the Court feels that the sentence of 18 months is appropriate in this case. In view of your personal circumstances that arose since you committed the offence, I will suspend 12 months of that sentence.

ORDER: 1. Sentenced to 18 months imprisonment;

2. 12 months imprisonment of that sentence to be suspended on your good behaviour for a period of 12 months;

3. Serve 6 months.

SIR JOHN MURIA
Chief Justice