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Republic v Akua [2009] NRSC 12; Criminal Case No 8 of 2009 (6 August 2009)

IN THE SUPREME COURT OF NAURU

Criminal Case No. 8/2009

THE REPUBLIC

V

AQUINA AKUA

Mr. Henry Kausimae for prosecuting
Ms. Miniva Depaune for prisoner

6th August, 2009.

SENTENCING REMARKS

Aquina Akua:

You have pleaded guilty to Entering a Dwelling House with Intent to commit a crime – an offence with a maximum penalty of 14 years imprisonment –and to Common Assault, the maximum penalty for which is imprisonment for one year.

In the middle of the night you went to the house of Mrs. Rae Ratabwiy looking for her son, Tagner. Eventually you went to the room in which he was sleeping. Tagner sensed someone was standing over him. You sat on Tagner’s chest and grabbed his head. When Tagner called for his mother you left.

Ms. Depaune in her submissions said you were drunk at the time. You and Tagner had had a fight the day before.

I have received two letters asking for leniency, one written by your wife and the other by Tagner’s mother. I take them into account in deciding penalty.

In your favor in that these are your first convictions and you have pleaded guilty. They mean a less severe penalty than otherwise. It seems, too, that Tagner received no injury although he must have had a bad fright.

For entering a dwelling house with intent you are sentenced to imprisonment for one year. For common Assault you are sentenced to 3 months imprisonment. The sentences are to be served concurrently.

Both sentences will be suspended if you will promise to be of good behavior for the next 12 months.

If you do not commit any other offence in the next 12 months you will not have to serve these terms of imprisonment. If you do commit any other offence in the next 12 months you will be liable to be punished for it and also serve these terms of imprisonment as well.

Do you understand that?

Answer: Yes

Do you promise to be of good behavior the next 12 months? Answer: Yes

Hon. Robin Millhouse
CHIEF JUSTICE