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Republic v Tenanai [2004] KIHC 1; Criminal Case 50 of 2003 (1 January 2004)

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

Criminal Case No. 50 of 2003

THE REPUBLIC

vs

TENANAI TENANAI

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoin Taoaba

SENTENCE

Tenanai Tenanai: you have pleaded guilty to 2 counts of arson at Abatiku village on Abemama.

On the night of Saturday 13^th July 2002 you set fire to a store and maneaba. Not much damage was done to the store but the maneaba was destroyed: only the concrete floor was left. You were drunk at the time you did it and did it because you thought the maneaba had been built incorrectly: this would bring misfortune on the family, which built it. You are a member of the family and had not been able to persuade the other members to take the maneaba down.

You may have believed you were justified in destroying the maneaba but you were not. You committed a serious crime. The damage you caused is estimated at about $5000.

You are 33 years old, married with children. You are not employed.

Arson, burning down buildings, has a maximum penalty of life imprisonment. As a rule, a person guilty of arson, is likely to go to goal.

This is your 1^st offence and you pleaded guilty, even though the plea was a late one, on the morning the trial. Pleading guilty means that the term of imprisonment is less than it would have been if you had pleaded not guilty and the Court had found you guilty.

On the 1^st count, burning down the maneaba, you will be imprisoned for 12 months.

On the 2^nd count, setting fire to the store, you will be imprisoned for 3 months.

The sentences will be served concurrently. This means that the total term of imprisonment is 12 months, to run yesterday, 12^th January, when you went into custody.

Dated this day 2004.

THE HON ROBIN MILLHOUE QC
CHIEF JUSTICE