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Republic v Tauanibure [2003] KIHC 160; Criminal Case 21 of 2003 (28 November 2003)

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

Criminal Case No. 21 of 2003

THE REPUBLIC

vs

MIKAERE TAUANIBURE

For the Republic: Ms Tetiro M Semilota
For the Accused: Ms Taoing Taoaba

Date of Hearing: 24 November 2003

SENTENCE

Mikaere Tauanibure: you have been found guilty of larceny by a servant. You together with another, on 9 January 2002 stole 40 bags of cement worth $540.00 from the Shipyard.

Your crime was a mean one in that after the theft had been discovered you prevailed on a lady and her husband to give you a cheque in favour of the Shipyard for $540. You promised that they would get timber and roofing iron to be used in their business. So far as I know they have been left to bear the loss. You gave the cheque to the Shipyard to pay for the cement.

You are 37 years old and have two young daughters. The Shipyard dismissed you immediately but it took the Republic 15 months before you were charged, a long delay for which no explanation has been given. In the meantime you went to Kiritimati and were working there as a tour guide until you came back to Tarawa to face trial. You have no previous convictions. I take those things into account in your favour in fixing sentence.

Yet what you did was straight out theft. You must serve a term of imprisonment for it. You will be imprisoned for six months to date from last Monday, 24 November when you went into custody.

Dated the 28^th day of November 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice