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Republic v Taunteang [2004] KIHC 114; Criminal Case 15 of 2004 (27 May 2004)

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

High Court Criminal Case No. 15 of 2004

THE REPUBLIC

vs

NAOMI TAUNTEANG

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Jennifer Troup

Date of Hearing: 21 May 2004

SENTENCE

Naomi Taunteang: you have pleaded guilty to 11 counts of embezzlement as a clerk. Between 1999 and 2003 you were employed by the DBK on Nikunau. You took from your employers a total of $2811.57 and lent the money to various people. You expected them to repay you but they never did. You did not have the benefit yourself of the money you had taken.

You are 25 years old, married but separated from your husband and with a five year old son. You are living with your parents at Nanikai village.

There are three things in your favour. First you have no previous convictions. Secondly, you pleaded guilty at the first opportunity. Thirdly, perhaps most importantly, you and your family have now paid into court the full amount, $2811.57 so the DBK will receive full restitution. All these go to reduce the term of imprisonment I must impose on you.

Embezzlement is a serious crime and has a maximum penalty of 14 years' imprisonment.

Crimes of dishonesty, such as stealing from an employer, require the penalty of imprisonment. Unless there are very special reasons, the term should be served. You will be imprisoned on each count for 18 months.

I regard your crimes as one course of conduct and the sentences will be served concurrently making a total term of imprisonment of 18 months.

There are two special reasons for suspending the terms of imprisonment. First you received no personal benefit from what you did and secondly there has been full restitution. The terms will be suspended on condition that you agree to be of good behaviour for two years.

If you do not commit any other crimes in the next two years then you will not have to go to gaol for 18 months. If you do commit another crime then you will be punished for that and also be liable to be sent to gaol for this term of 18 months as well.

Do you understand?
Do you agree?

Dated the 27^th day of May 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice