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Republic v Scotty [2008] NRSC 5; Criminal Case No 1 of 2008 (12 March 2008)

IN THE SUPREME COURT OF NAURU

CRIMINAL CASE NO.: 1/2008

THE REPUBLIC

V.

MARCELLUS SCOTTY

Mr. Knox H. Tolenoa for the Republic
Mr. Pres Nimes for the Accused

SENTENCE

Marcellus Scotty: you have been found guilty of rape. One night or early morning when you were brought home inebriated, after being out drinking (with friends), you found a girl of 19, the niece of your wife asleep in the house. Your wife was off island. You forced the girl to have intercourse with you despite her struggles.

In contemplating penalty there are some things in your favour. You are a married man with two teenage children still at school. I noticed that your wife has been with you, supporting you all the time you have been in court.

Second, when you were drunk you were presented with the unexpected temptation of the young woman asleep alone in your house. You gave way to temptation. The act was not premeditated.

Third, you have no previous convictions. Mr. Nimes, in making submissions has reminded me that there is no provision for parole in Nauru and fewer facilities for prisoners than in many other places.

Rape is a most serious crime and must bring a term of imprisonment. Taking everything I have mentioned into account in you favour, you will be imprisoned for three years and nine months to run from Monday 10th March 2008.

THE HON. ROBIN MILLHOUSE QC.,
CHIEF JUSTICE

12th March 2008