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Republic v Gadabu [2010] NRSC 4; Criminal Case 03 of 2009 (25 March 2010)

IN THE SUPREME COURT OF NAURU

Criminal Case No. 3/2009

THE REPUBLIC

V

RAYMOND GADABU

Mr. Wilisoni Kurisaqila for the prosecution
Mr. Pres Nimes for the defendant

Date: 25th March, 2010

JUDGMENT

Raymond Gadabu: On 2 April 2009, I found you guilty of arson. You had deliberately burnt down a house owned by you and your family and which was occupied by your sister, Peta.

Since 2 April 2009, you have been in custody awaiting sentence. The delay has been caused by Nimes’ application that you be examined by a psychiatrist given your strange behavior in the few days before the fire. No psychiatrist has come to Nauru but Dr Kiki Thoma, Medical Officer responsible for Mental Health – Nauru reported by letter dated 25 November 2009 that you are "absolutely sane". You have now agreed to accept Dr Thoma’s opinion without being examined by a psychiatrist on notice in the letter you told Dr Thoma that you did it on "the spur of moment’s anger’. ‘Let from the event at the trial you had been acting strangely for several days and must have intended for some time to burn the hour down. It wasn’t on the ‘spur of the moment’.

Arson is regarded as a most serious crime. The maximum penalty is life imprisonment.

You have not explained why you did it but it seems you were on bad terms with your sister Peta. Perhaps it was to punish her in some way. Dr Thoma reports that your family has been visiting you and Nimes says the family has forgiven you. I take into account when sentencing the letter dated Friday 06 August, 2009 which members of your family wrote to me.

This is your first conviction for an offence: that in your favour in fixing penalty.

You are sentenced the eighteen (18) months imprisonment to dated from 02 April, 2009.

Hon. Robin Millhouse QC
CHIEF JUSTICE