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Republic v Kiriata [2008] KIHC 8; Criminal Case 23 of 2007 (28 January 2008)

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

High Court Criminal Case 23 of 2007

The Republic

v

Rokouea Kiriata

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Raweita Beniata

Date of Hearing: 25 January 2008

SENTENCE

Rokouea Kiriata: you have pleaded guilty to indecent assault. The incident occurred at Teaoraereke during the night of 13 March 2006. You had been taking part in a game of sorry. You had been drinking. The victim, a lady of 36, the wife of your uncle, smelt alcohol on your breath. She had been asleep but woke up to feel your hand under her clothes and touching her vagina. She scolded you as you sat next to her.

You are 38 years old, unmarried and live a subsistence life style with relatives at Bonriki. Mr Beniata said you have apologised and the lady has accepted your apology.

You have two previous convictions, in 1998 and in 2000. From the penalties imposed they must have been minor offences. I ignore them.

In your favour is that you have pleaded guilty.

I accept Mr Beniata’s submission that this offence is at the lower end of seriousness – even though all offences of indecent assault are serious. He asked that any sentence of imprisonment be suspended. Ms Beiatau opposed suspension but her protestations would have carried more weight if the authorities had not waited 20 months before charging you.

You are sentenced to six months’ imprisonment. Given that it happened nearly two years ago now, that although a serious offence it is not one of the most serious indecent assaults and assuming that since then you have not been in trouble again with the law the sentence will be suspended if you will promise to be of good behaviour for the next 12 months.

That means you will not have to serve this six months in gaol provided you do not commit any other offence in that time. If you do commit another offence in the next 12 months, you will be punished for it and also may have to go to gaol for this six months as well.

Do you understand? Yes.

Do you promise to behave for the next 12 months? Yes.

Dated the 28th day of January 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice