Republic v Kamoa [1997] KIHC 77; CRC 52 of 1997 (17 October 1997)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HCCrC 52/97

THE REPUBLIC

v.

MWEA KAMOA

Ms P Tebao for the Republic
Mr D Lambourne for the Accused

Date of Hearing: 17 October 1997

SENTENCE

The accused has pleaded guilty to the offence of indecent assault contrary to section 133(i) of the Penal Code, Cap. 67. That offence carries a maximum penalty of 5 years' imprisonment.

The undisputed facts are that in the early morning of the 28th of June 1996 the accused entered a house where the complainant was sleeping with her husband. The accused went to the bed, got on top of the complainant and sucked her left breast. The complainant woke up and the accused ran away.

I am told that the accused at the time of the offence was heavily under the influence of alcohol and does not have any memory of the offence. I am also told that the accused is the complainant's cousin and they have known each other since childhood. In fact, the complainant later told the police that she does not want any criminal proceedings brought against the accused. I am further told that the accused is aged 22 years and is married with a 1 year old daughter.

In his favour he has shown remorse for this offence in that he has pleaded guilty and, through his family, has formally apologised to the complainant. I have taken those factors in the accused's favour into account. The fact remains that the accused entered the dwelling house of the complainant where she ordinarily would expect to be safe, and sexually assaulted her while she was asleep. The law must offer some protection to women. It is acknowledged that no physical harm was done to the complainant. Whether such an experience had any emotional effect is something that the court is unable to say, not having heard from the complainant herself. I am of the view that the only appropriate penalty for this type of offence is an immediate sentence of imprisonment.

As I have said, I have taken into account all of those things that have been submitted in favour of the accused. The accused is convicted and sentenced to 6 months' imprisonment.

THE HON R B LUSSICK
Chief Justice

(17/10/97)