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Republic v Terieta [2003] KIHC 107; Criminal Case 09 of 2003 (30 September 2003)

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

Criminal Case No. 9 of 2003

THE REPUBLIC

vs

IOTEBWA TERIETA

For the Republic: Ms Pole Tebao
For the Accused: Mr John O'Sullivan

Date of Hearing: 29 September 2003

SENTENCE

Iotebwa Terieta: on 5 June I remanded you on bail before sentencing you for making a false statement and twice obtaining money by false pretences. I remanded you to give you an opportunity to make repayment to KPF of $405.25. Mr O'Sullivan now tells me that you have tried but failed to raise the money. I therefore sentence you on the basis that there has been no repayment. There is no point in imposing a fine you. You do not have the money to pay it. The only alternative is imprisonment.

On the count of making a false statement you will be imprisoned for six months. On each count of obtaining money by false pretences you will be imprisoned for nine months. As the offences were all part of one course of conduct the sentences will be served concurrently. That means a total of nine months in gaol.

Ms Tebao, the Director of Public Prosecutions, volunteered that the Republic does not oppose the sentences being suspended. Mr O'Sullivan asked that they should be.

I shall suspend the sentences on your promising to be of good behaviour for two years. It means that if you do not commit another offence within the next two years, you will not have to serve the nine months in gaol. If you do commit any other offence within the next two years you will be punished for that offence and you will have to go to gaol for this nine months as well.

Do you understand?
Do you promise?

Dated the 30^th day of September 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice