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Republic v Morlier [2015] KIHC 82; Criminal Case 09 of 2015 (23 October 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 9 OF 2015

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

LYDERIC MORLIER
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

23 October 2015

Ms Pauline Beiatau for Prosecutor
Mr Banuera Berina for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered the agreed presentation by Ms Beiatau for the Republic and Mr Berina for the convict. I have also taken into account that the convict is a first offender who has pleaded guilty to three offences and thereby saving the Court's time and scarce resources.

The three offences referred to are:

(I) Cultivation of Certain Plants Prohibited contrary to section 8(a) of the Dangerous Drugs Ordinance;

(II) Import of Certain Substances Prohibited contrary to section 4(2) of the Dangerous Drugs Ordinance; and

(III) Unlawfully enters and Present in Kiribati contrary to section 23(1)(i) of the Immigration Act.

I have considered the agreed position by both Counsel and have no reason for departing from their proposal. I find them appropriate punishment for the offences committed and do adopt them and they are as follows:

(I) On the first count the convict is sentenced to paying a fine of $2,000 and to serve imprisonment for nine months;

(II) On the second count he is sentenced to a fine of $2,000 and to imprisonment for nine months;

(III) On the third count the convict is sentenced to a fine of $400 and to imprisonment for two months.

The sentences of imprisonment imposed on all counts shall run concurrently. However he will pay a total fine of $4,400.

It is noted that the convict has been in custody since 19 April 2015. It has been proposed by Counsel that the period spent in custody should be taken into account and deducted from the terms of imprisonment set above.

This Court has no reason to depart from this position. Since the sentences are to run concurrently, it follows that the convict shall serve a term of imprisonment of nine months less the period he has already spent in custody as from 19 April 2015.

Pursuant to the provisions of s.39 of the Dangerous Drugs Ordinance, the yatch, two engines, VMS and the radios used in the commission of the offences are forfeited to the Republic.

Right of Appeal explained.

Dated the 23rd day of October 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge