Republic v Tioti [2025] KIHC 16; Criminal Case 04644 of 2024 (2 April 2025)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CRIMINAL CASE 2024-04644

BETWEEN: THE REPUBLIC

AND: BITEE TIOTI

Date of Hearing: 12 MARCH 2025
Date of Judgment: 2 APRIL 2025

Appearances: Ms Tumai Iaokiri for the Republic

Ms Taaira Timeon for the Accused

SENTENCE

Brief Fact

1. Bitee Tioti was charged with two counts of false pretence contrary to section 301(a) of the Penal Code. On the day of arraignment, Bitee Tioti pleaded guilty to both counts.
   
2. Below is the summary of the agreed facts;

On 30 October 2020, Bitee Tioti, by false pretence and with intent to defraud, approached a MoJ IT officer, purporting to be Tebinou Takaio, and successfully obtained a national ID under that name. After obtaining such an I.D. card with intent, he continued to collect the support fund from the Government from June 1, 2020, to September 30, 2022, under his new identity as Tebinou Takaia. This stopped when the real Tebinou Takaio filed a case against him. The real Tebinou Takaio only recently became aware of this when he was denied payment of his leave grant.

3. Count One:

False Pretence contrary to section 301(a) of the Penal Code, Cap67

Particulars:

Bitee Tioti, on 30 October 2020, at Bairiki village, on South Tarawa, in the Republic of Kiribati, by false pretence and with intent to defraud, obtained from the Ministry of Justice IT Officer, a chattel, namely a national identity card, by purporting himself to be Tebinou Takaio.

4. Count two:

False Pretence contrary to section 301(a) of the Penal Code, Cap 67.

Particulars:

Bitee Tioti, between 1 June 2020 and 31 September 2022, at Bairiki village, on South Tarawa in the Republic of Kiribati, by false pretence and with intent to defraud, caused the Ministry of Women, Youth and Social Affairs to pay him the support fund from the government by purporting to be Tebinou Takaio.

5. The offence of false pretence carries a maximum sentence of 5 years imprisonment.
   
6. The prosecution proposes a starting point of 2 years for each count following the case of Repulic v Tamuera Temwea [1996] KIHC 105; HCCrC 18 of 1996 (25 November 1996). One-third could be deducted for his early plea of guilty, and an additional month may be subtracted for his clean police record, resulting in a 15-month custodial sentence. The prosecution submits that a custodial sentence is recommended for deterrence purposes.
   
7. In addition to his early plea and clean police report, Counsel for the accused submitted his personal factors for the court to take into account for sentencing. He was twenty- four years old at the time of the offending, very young and did not know the consequences of his actions. Tebinou is his cousin, he agreed for the accused to use his name. I find it hard to believe this as the agreed fact indicated that the accused stopped collecting the money when the real Tebinou filed a complaint against him. The accused is not married. He works full-time at a restaurant. His parent have passed away. He has three siblings, two of whom are married. The youngest is schooling at IHC, and his school fee is the accused’s responsibility.
   
8. The accused, through Counsel, referred this Court to two cases of similar charges. Republic v Terieta [2003] KIHC 107; Criminal Case 09 of 2003 (30 September 2003) where the offender was sentenced to 9 months suspended. In the other case, Republic v Ioane [2019] KIHC 2; Criminal Case 56 of 2016 (20 February 2019), the court imposed a one-year suspended sentence on the offender. Taking into account the above mitigating factors, the accused requests a one-year suspended sentence.
   
9. I have carefully considered the submissions; there are abundant case authorities regarding the deduction for an early plea and a clean police report. The following cases demonstrate a deduction of one-third of the sentence for the early plea: R v Uriano Arawaia [2013] KICA 11; R v Kabua [2017] KIHC 22; Criminal Case 25 of 2017 (29 May 2017). A one-month deduction for having a clean police record is reflected in several cases, one of which is R v Li Zhan Hong [2019] KIHC 9; Criminal Case 1 of 2018 (20 September 2019). One-third of the sentence, together with one month, will be deducted from the accused’s two-year imprisonment sentence. I believe two years is a reasonable starting point for an offence of false pretence.
   
10. I also consider the submission that the offender is responsible for the school fees of his youngest sibling, and therefore, the sentence should be suspended.
    
11. Sentence;
    
    • - The offender, Bitee Tioti, is sentenced for both counts of false pretence to 15 months, to run concurrently. The sentence is suspended in full.
      
    • - The offender must not commit another crime within the suspension period.
      

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice