Republic v Aliklik [2008] NRSC 15; Criminal Case No 4 of 2008 (25 September 2008)

IN THE SUPREME COURT OF NAURU

CRIMINAL CASE NO. 4/08

THE REPUBLIC

V

KURT ALIKLIK
FRISCO DAGAGIO

SENTENCING REMARKS OF THE CHIEF JUSTICE

Frisco Dagagio and Kurt Aliklik:

You have been found guilty of robbery. That is a crime with a maximum penalty of 14 years imprisonment. The facts are in my reasons for convicting you and I need not repeat them.

It was a nasty crime. Two powerful young Nauruan men snatching a bag from a lightly built Chinese man. The bag had in it $1,600.00. When it was returned an hour later it contained only $496.00. What happened to the over $1,100.00 has not been explained. Had it been explained I would have regarded you a little less unfavourably.

Frisco:

You are 22 years old, single and unemployed. At present serving a sentence of one year for entering a dwelling house with intent. You have two other earlier convictions which I ignore for the purposes of sentencing. Ms. Depaune has asked that the sentence of imprisonment for this crime be served concurrently with the one you are now serving.

There is no reason why it should be. The sentence will be cumulative on that which you are now serving.

Kurt:

You are 23, employed as a Security Officer. You are in a de facto relationship and have 2 young children. You have one previous conviction whilst I ignore.

You are each sentenced to 4 years imprisonment: for you Frisco to begin on the expiration of the sentence you are now serving: for you Kurt from last Tuesday 23^rd September when you went into custody.

Robin Millhouse
CHIEF JUSTICE

Dated this 25th Day of September, 2008.

.........................................

You are 46 years old and have not married. Mr Nimes told me you have had a hard life

You had a stroke about 6 years ago. You were living in this family and have regarded the little girl like a grand-daughter.

What you did was a very bad thing.

We can only hope that in the long run the child will not have been affected by your Actions.

On each of the 2 counts you will be imprisoned for 15 months. The sentences will be served concurrently and run from 21 July when you went into custody. That means that you have a little over 13 months from now to stay in gaol.

Dated the 25th day of September, 2008.