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Republic v Toora [2006] KIHC 5; Criminal Case 36 of 2005 (9 January 2006)

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

High Court Criminal Case No. 36 of 2005

THE REPUBLIC

vs

REKAU TOORA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Karotu Tiba

Date of Hearing: 4 January 2006

SENTENCE

Rekau Toora: you have been found guilty of house-breaking and committing a felony. The maximum penalty is 14 years’ imprisonment. You have also pleaded guilty to larceny: in the circumstances of your case that crime has a maximum penalty of 10 years.

What you did is set out in my reasons for convicting you.

You are 41 years old, unmarried and unemployed. You have the longest list of previous offences that I have seen in Kiribati: nearly 40 since 1 December 1986 and before you committed these offences. You have admitted that record. You have been in prison many times.

There is no alternative to your being imprisoned for each of these offences for a substantial period.

For house-breaking and committing a felony you will be imprisoned for two years. For larceny you will be imprisoned for 12 months. As the offences were part of one course of conduct the sentences will be concurrent.

Since you committed these offences you have been in gaol for two other offences and the Court which sentenced you on the second of these directed that at the expiration of your sentence you be returned to your home island, Nonouti and stay for one year. That direction was confirmed by the Court of Appeal but not carried into effect as you were to be charged with these offences. Pursuant to S.37 of the Penal Code I renew the order and direct that at the completion of your imprisonment you return to your home island of Nonouti and reside there for one year.

You have been in custody since 6 December and your terms of imprisonment will run from then.

Dated the 9th day of January 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice