Republic v Unikanteata [1998] KIHC 34; HCCrC 41.97 (10 August 1998)

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

Criminal Case No. 41 of 1997

THE REPUBLIC

vs

BANANA UNIKANTEATA

For the Republic: Mr Titabu Tabane
For the Accused: Mr David Lambourne

Date of Hearing: 10 August 1998

SENTENCE

The accused has pleaded guilty to a charge of indecent assault on a female contrary to section 133 of the Penal Code Cap. 67 in that on the 28^th March 1997 at Betio, Tarawa he unlawfully and indecently assaulted a girl named Monika Tiritara.

The facts are quite serious. The victim was a girl of a very young age namely 7 years. She was sleeping with her parents when the accused came and carried her away to a place where he removed all of her clothes except her panties. He lay on top of her and was about to have simulated sexual intercourse with her when he was interrupted and ran away. What he actually did was expose his penis and was preparing to rub his penis between the thighs of the little girl but was disturbed before he could do so.

The accused is a young man aged 23 from Tarawa. He is a person of extremely limited education and lives a subsistence lifestyle. He has a previous conviction for a very serious sexual offence namely rape. On the 19^th April 1994 he was sentenced to 3 years' imprisonment in respect of that offence. The present offence would have occurred not long after he had served that sentence.

I am told that when he drinks alcohol he has difficulty overcoming his sexual urges. Quite obviously he has a problem. Unfortunately the resources in Kiribati for treating such a problem are extremely limited. However, I intend to make a recommendation which may or may not benefit him.

The offence calls for a substantial sentence, particularly in view of his previous criminal record. However, I will take into account the fact that he has pleaded guilty, that he has cooperated with the Police and that he has saved the complainant from the trauma which a trial would involve.

The accused is convicted and sentenced to imprisonment for a term of 3 years, and it is recommended that he be referred to a psychiatrist at the mental wing for consultation and consequent treatment if considered necessary.

Dated the 10^th day of August 1998

THE HON R B LUSSICK
CHIEF JUSTICE