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Republic v Mikaere [1998] KIHC 4; HCCrC 34.97 (16 January 1998)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Case No. 34 of 1997

THE REPUBLIC

vs

KUAO MIKAERE

For the Republic: Ms Pole Tebao
For the Accused: Mr David Lambourne

Date of Hearing: 16 January 1998

SENTENCE

The accused has pleaded guilty to a charge of arson contrary to section 312(a) of the Penal Code Cap. 67.

It is alleged that on 12 December 1996 at Matang, Nonouti, the accused wilfully and unlawfully set fire to a building belonging to the Nonouti Island Council. He had firstly poured petrol from a container inside and outside the said building. He then call to the clerk of the council to come out of his office or risk being burnt. There was some effort to restrain the accused but it was not successful. He struck a match and the building burst into flames and was severely damaged. The estimated cost of the damage is between $20,000.00 and $30,000.00.

The accused can offer no explanation for having committed the offence, apart from the fact that he had been drinking heavily for the previous 2 days and was very drunk at the time.

I am told that the accused is aged 40 and is a native of Nonouti. He has had very little schooling having left school in second year primary. He lives a subsistence life style. He has expressed some concern about his wife and children were he to be put in prison. It is quite possible that the wife and children may experience some hardship but that is not a matter which can be considered in mitigation of the offence.

In favour of the accused he has pleaded guilty, he has cooperated with the police and is a person of previous good character.

This court has often said that the crime of arson is so prevalent in this country that the only appropriate penalty is a term of imprisonment, except in very exceptional circumstances. There are no exceptional circumstances here. What the accused did was simply a senseless destruction of valuable government property.

Taking all of those things I have mentioned into account, the accused is convicted and sentenced to imprisonment for 2 years.

Dated the 16th day of January 1998

THE HON R B LUSSICK
CHIEF JUSTICE