Republic of the Marshall Islands v Robe [2005] MHHC 4; Criminal Case E2005-010 (3 June 2005)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS
EBEYE

Criminal Case E2005-010

REPUBLIC OF THE MARSHALL ISLANDS

v

HANSOME ROBE
Aka BOKI ROBE
Defendant

Appearances: Assistant Attorney General Melvin Narruhn counsel for the Republic
Lionel Aingimea Assistant Public defender counsel for Defendant
Defendant Hansome Robe

CONVICTION & SENTENCE

This matter came before the Court on June 2, 2005 for a first appearance.

Defendant was charged with Count 1 Burglary 31 MIRC §119 and Count 2 Larceny from a dwelling house 31 MIRC §137.

Counsel for Defendant advised that his client had agreed to plead guilty to both counts and in return for the guilty plea and in accordance with an assessment of the evidence and Defendants record stipulated to a sentence of 7 years serving 3 years, with 4 years probated for a period of, the Republic was prepared to dismiss count 3. Both counsel advised a stipulated sentence could not be arrived at and required a sentencing hearing.

At the hearing the court questioned the Defendant on his change of plea. The Court is satisfied that the plea is made freely and willingly and that at the time the Defendant was not under the influence of any alcohol or drugs. The court is satisfied that the Defendant has had access to adequate legal counsel and has had sufficient time to prepare any defense. The Defendant has had access to an interpreter and clearly understands the nature of the offences against him. The Court is satisfied that there is a factual basis for the charges and accepts the change of plea from not guilty to guilty for counts l and 2.

In consideration of all the factors listed above the Defendant is sentenced as follows:

1. Defendant be sentenced to 7 years imprisonment.

2. The Defendant is required to serve 3 years in jail, the balance of 4 years is suspended on the condition that the Defendant does not commit any further offense.

3. Defendant shall be given credit for time served.

Dated June 3, 2005.

Richard Hickson
Associate Justice

Service on:
Assistant Attorney General Melvin Narruhn counsel for the Republic
Lionel Aingimae Assistant Public Defender counsel for Defendant
Commissioner of Police
Major Kabua Ebeye
Superintendent of Prisons