Republic v Takatau [2016] KIHC 7; Criminal Case 13 of 2013 (15 June 2016)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 13 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

ITINNANG TAKATAU
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

15 June 2016

Mr Waimauri Nawaia for Prosecutor
Mr Tabibiri Tentau for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by both Counsel. As agreed the convict is a first offender. He has pleaded guilty thereby saving Court’s time and scarce resources. Apart from the commission of the offence, it appears he presented no difficulty to the law enforcement agencies.

It is not disputed that the money he failed to declarewas really his and was not in any way proceeds of crime.

Counsel for the State has prayed that I impose a fine of not more than $500 and the money to be forfeited be not more than $1,000. The same was reiterated by Counsel for the accused.

That being the case and considering all the circumstances of this case I see no reason to disagree with both Counsels’ views. In the premise I impose a fine of $500. I would also direct that $500 from the money held by Government be forfeited to the Republic as prayed by Counsel representing the Attorney General.

Order accordingly.

Dated the 15^th day of June 2016

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge