Republic v Aliklik [2008] NRSC 11; Criminal Case No 7 of 2008 (19 December 2008)

IN THE SUPREME COURT OF NAURU

CRIMINAL CASE NO. 7/2008.

THE REPUBLIC

V

KURT ALIKLIK

MARTIN KEPAE

ROYFRINGO IKA

Ms Miniva Depaune for the Republic
Mr. Pres Nimes Ekwona for Accused.
Mr. Rueben Kun for the (3) Accused.

Date of Hearing: 19th December, 2008.

JUDGMENT

Kurt Aliklik:

You have pleaded guilty. Robbery, entering a dwelling house with intent and being a person having your face masked with intent to commit a crime – all arising from the same incident on the 04th May 2007. You have also pleaded guilty escaping from lawful custody on the 06 December, 2008.

The first three crimes to which you have pleaded guilty were committed before the robbery on the 13th of January, 2008 for which you are now serving four years imprisonment. As it occurred after these crimes, I ignore, for the purposes of sentencing you today, the later crime and the sentence for it.

You, together with two other young men, intended to rob Mrs Judy Dimapilis. The three of you put black shirts over your faces as disguise and with a crow bar and an axe, went up to the house. Before reaching the house the other two backed out. You went on alone. Judy, her sister Joan and three young children were at the house. You threatened them using a machete you saw on a fridge, used violence against them and finally managed to get into the house. You demanded of Judy to know where the safe was: she told you there was no safe.

While you were still inside Adam Olsson and Terma Willis drove up. You were disturbed and ran away. They caught the other two.

You, a strong young man of about nineteen at the time, threatened two women were aggressive, used violence towards them: entered the house.

A digital camera and radio transmitter were found to be missing, presumed stolen by you.
The women must have been terrified.

I ignore the previous convictions recorded against you. You have pleaded guilty and the Prosecutor, Mr. Bannister has told me you are co-operating with the police on other matters. These things are in your favour and mean pay lesser sentence than otherwise.

Mr. Bannister has suggested I should reduce the sentence of imprisonment because it will be accumulative on the four years you are now serving. I have regard to the suggestion.

Mrs Judy Dimapilis has written saying she forgives you and withdrawing her complaint against you. I do not take that into account as it is for the prosecution, not for victim, to decide whether or not to go on with charges.

On the count of robbery you are sentenced to two years imprisonment. On the count of entering a dwelling house with intent you are sentenced to one year as imprisonment. On the count of being masked you are sentenced to six months imprisonment.

These sentences are to be served concurrently and are cumulative on the sentence you are now serving.

As for the escape, you tricked a prison officer into leaving your cell door unlocked. You left the gaol. You voluntarily returned a few days later. You should not have done it and must know escaping even if you return voluntarily will lead to punishment.

On that count of escaping while a prisoner you are sentenced to one month imprisonment to be cumulative on the other sentences.

RoyFringo Ika:

You have pleaded guilty to being found masked to with intent to commit a crime.

On the 04th of May 2007 you and two others had intended to rob a house. You put black shirts over your faces as disguise. On the way you and one of the others decided not to go on with the plan. You stayed some distance away but still kept on the disguise.

You have pleaded guilty. This is your first offence. You are twenty-eight years old, married with five children. Mr. Kun said you are not a criminal. You are not employed to go fishing. You have been assisting police with their inquiries.

You are sentenced to six months imprisonment and if you promise to be of a good behaviour for the next two years, you will not have to serve the six months in gaol.

This means that if you do not commit another offence within the next two years you will not have to go to gaol and if you do commit another offence then you will be punished for it and also be liable to serve the six months as well.

Do you understand that? The answer was yes.

Do you promise? The answer was yes.

ROBIN MILLHOUSE QC
CHIEF JUSTICE