Republic v Teweia [2017] KIHC 42; Criminal Case 47 of 2017 (15 November 2017)

IN THE HIGH COURT OF KIRIBATI 2017

CRIMINAL CASE NO. 47 OF 2017

[THE REPUBLIC PROSECUTOR

[

BETWEEN [AND

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[TIOTI TEWEIA ACCUSED

Before: The Hon Chief Justice Sir John Muria

15 November 2017

Mr Waimauri Nawaia for the Prosecutor

Ms Angitonu David for the Accused

SENTENCE

Muria, CJ: The accused is charged with theft in the sum of $5,774.35. He has pleaded guilty to the charge. The accused had confessed his guilt to the police even before he was charged.

I agree with Mr Nawaia that the offence is serious. Added to that seriousness is the fact that the accused had not repaid the money he stole or even any part of it.

Each case must be considered on its own facts in order to arrive at an appropriate sentence.

I bear in mind the principle that sentencing is not a mathematical exercise. As such previous cases cited by Counsel for the accused serve only as a useful guide.

Bearing in mind the seriousness of the offence, the Court must take into account the mitigating factors submitted on behalf of the accused. In this case, the Court takes into account the accused’s guilty plea; he is a first offender; his apology to the victim; his family circumstances and the time already spent in custody.

Considering all that have been said by the prosecution and defence, I feel the present case merits a short custodial sentence to take into account his family circumstances. The Court would consider suspended sentence had the accused made repayment of the money stolen.

The accused must realize that stealing from a friend who trusted him is an action that does not accord well with Kiribati custom. It does not pay to steal from a friend.

SENTENCE: Three months’ imprisonment to be served with effect from 10 November 2017.

Dated the 15^th day of November 2017

SIR JOHN MURIA

Chief Justice