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Republic v Bwateriki - Sentence [2007] KIHC 73; Criminal Case 05 of 2007 (17 January 2007)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 5 of 2007

The Republic

v

Tokia Bwateriki
Taukabwan Kautu
Reibati Kimaere

For the Republic: Ms Pauline Beiatau
For the 1st Accused: Mr Karotu Tiba
For the 2nd Accused: Ms Joelle Grover
For the 3rd Accused: Mr Stephen Earl

Date of Hearing: 16 January 2007

SENTENCE

Tokia Bwateriki, Taukabwan Kautu and Reibati Kimaere: you have all pleaded guilty to store-breaking with intent to commit a felony and to larceny. It happened on 28 November last year in the early hours of the morning. You had been drinking yeast for some hours, were drunk, went looking for alcohol and broke into Mosi Kum Kee’s store in Bairiki. You took several things, the most expensive being two cartons of beer together worth nearly $80.00. It seems that the only restitution has been $15.00 by you or your family, Reibati.

You, Tokia, have not admitted it but the other two boys say that you were the leader in this. You are the eldest of the three of you, 16 at the time, now 17. You all blame intoxication for committing these offences.

You, Tokia have one previous conviction, for rape for which you were sentenced to three years’ imprisonment last January. That crime was committed on 29 January 2006. You were charged with it in October, came before the Court on 24 November and were granted bail. Four days later you took part in this break-in and theft. That you were on bail, the eldest of the three and probably as the other two say, the one who had the idea of breaking in, means you should be more severely punished. The only thing in your favour is the plea of guilty. I take it into account in fixing penalty.

For store-breaking you will be imprisoned for nine months: for larceny you will be imprisoned for six months. Those terms of imprisonment will be served concurrently but will be cumulative on the sentence you are now serving for rape.

You, Taukabwan, are 14 and you Reibati are 15. Neither has a previous conviction and you each pleaded guilty. That you are both quite young, have no previous convictions and have pleaded guilty are in your favour in fixing penalty.

I accept that you are in this trouble through getting drunk on yeast. You both would be sensible not to go on getting drunk or you will ruin your lives and cause lots of trouble and sadness to other people as well as yourselves.

For store breaking you each will be imprisoned for six months: for larceny you will each be imprisoned for four months. The terms of imprisonment will be served concurrently. The imprisonment will be suspended if each of you will enter into a bond to be of good behaviour for two years and if you will promise not to drink alcohol or anything else intoxicating during those two years.

What that means for each of you is this: if you do not commit any other offence in the next two years you will not have to go to gaol for six months but if you do commit another offence in the next two years you will be punished for it and also may go to gaol for this six months as well.

Do you, Taukabwan, understand that? Yes.

Do you promise to behave yourself, not commit another offence in the next two years? Yes.

Do you promise not to drink anything which could make you drunk in the next two years? Yes.

Do you, Reibati, understand that? Yes.

Do you promise to behave yourself, not commit another offence in the next two years? Yes.

Do you promise not to drink anything which could make you drunk in the next two years? Yes.

Dated the 17th day of April 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice