Republic v Katarake [2015] KIHC 6; Criminal Case 33.2013 (13 March 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 33 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TAKARIA KATARAKE
ACCUSED

Before: The Hon Justice Vincent Zehurikize

12 & 13 March 2015

Ms Pauline Beiatau for Prosecutor
Mr Aretaake Ientaake for Accused

RULING ON SENTENCE

Zehurikize, J: Takaria Katarake, hereinafter called the convict, was charged with Housebreaking and Committing a felony contrary to section 293(a) of the Penal Code and Theft contrary to sections 251 and 254(3) of the Penal Code. He pleaded guilty to both offences and this Court went ahead and convicted him as charged. Ms Beiatau Counsel for the Republic and Mr Aretaake Ientaake for the accused filed written submissions in support of their respective cases.

Ms Beiatau argued that the convict committed a serious offence by stealing a CB radio which was Government property. That he sold it in order to get alcoholic drink. Counsel contended that the convict is a habitual offender with five previous convictions, four of which are related to theft and housebreaking. The fifth one is of being drunk and disorderly. She prayed for custodial sentence.

On the other hand, while Mr Ientaake conceded that the convict is a habitual offender and that he wanted to be known as a hero in his community as someone who steals things, he however prayed for leniency on ground that the convict pleaded guilty, he has a family and has adopted a religious character while in prison.

I have considered submissions by both Counsel. The only mitigating factor would be that the convict pleaded guilty thereby saving the Court's time and scarce resources. It is possible that even in the previous convictions he has been pleading guilty.

For certain in criminal case No. 40 of 2012 cited by both Counsel this convict pleaded guilty to Burglary and to Theft. It is possible, as stated by Counsel for the convict, that he repeatedly commits these offences because he wants to be known as a hero for stealing things. This kind of attitude makes the convict a very dangerous person who should be kept out of circulation for some time so that his thinking can change.

Having considered all the circumstances of the case still bearing in mind that he pleaded guilty but also not forgetting that he is a serial thief, I sentence the convict to a term of six years in Count 1 of Housebreaking and committing a felony contrary to section 293 of the Penal Code and to a term of two years on the second count of Theft contrary to section 251 of the Penal Code. Both sentences will run concurrently.

Right of appeal against sentence is explained.

Dated the 17th day of March 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge