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Republic v Ioera [2001] KIHC 36; Criminal Case 06 of 1991 (2 May 2001)

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

High Court Criminal Case 6 of 1991

THE REPUBLIC

vs

ATAKIA IOERA

For the Republic: Mr Tion Nabau
For the Accused: Ms Emma Hibling

Date of Hearing: 1 May 2001

SENTENCE

Atakia Ioera: you have pleaded guilty to two offences, both arising out of the same facts – the offences are forgery and larceny, another word for stealing. Each offence has a maximum penalty of 14 years' imprisonment.

In 1987 to 1988 you were a teller for the Bank of Kiribati at Bairiki. You had worked for the Bank for about 3 years. You were in some financial difficulty: your husband, although employed, did not give you any money. You had one small child and another was on the way or was very young. As well as not giving you any money to keep the family your husband was having a relationship with another woman. To use Ms Hibling's phrase you were in a state of "emotional turmoil". You took the money for living expenses. The amount was $1,710.50 – in money today that would be well over $2,000 – probably nearer $3,000. It was quite a big sum.

You co-operated when what you had done became known. You admitted to the police what you had done. You have now at last, after all these years, had an opportunity to plead and you have pleaded guilty. You have no previous convictions. All these things are in your favour and influence me to impose a shorter sentence than otherwise I would have done.

Ms Hibling tells me that you have had this hanging over your head all these years. She says you came to Tarawa in 1996 hoping to have it cleared up but did not know what to do when you got here. I am doubtful about that submission. If you had really wanted to, you could have found out what to do.

You and your husband separated and you settled down with another man in 1994 and had 4 children by him. He died 2 years ago. You are living on Abemama and have 6 children to look after, the eldest of whom is 14. You have no paid job.

What you did was seriously wrong and deserves a sentence of imprisonment. I sentence you to 15 months' imprisonment on each count. As it was one course of conduct, the sentences are to run concurrently.

What does influence me is that it was all so long ago. You should have been before the court 10 years ago. While it may be partly your responsibility that you were not brought before the court in the early 1990's, the responsibility for the delay rests mainly on the Republic.

Because it was all so long ago and because of your present family responsibilities I shall suspend the sentence unless within 2 years from today you commit another offence. What this means is that if you do not commit another criminal offence within the next 2 years you will not have to serve these terms of imprisonment.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE
(02/05/01)