Republic v Robati [1998] KIHC 39; HCCrC 22.98 (11 September 1998)

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

Criminal Case No. 22 of 1998

THE REPUBLIC

vs

ABERAAM ROBATI

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

Date of Hearing: 11 September 1998

SENTENCE

The accused has pleaded guilty to two counts: firstly, insulting the modesty of a woman contrary to section 133(3) of the Penal Code Cap. 67 and secondly, sending a grossly offensive or obscene message by telecommunications contrary to section 30(a) of the Telecommunications Act 1984.

The facts were that early on the night of Wednesday 1^st April 1998 the accused interrupted a conversation which the complainant, a female, was having with another person on the CB radio. He said to the complainant over the CB radio, "I can fuck you and eat your vagina". He said to the other person involved in the CB radio conversation that he was to eat human waste and that he could stab his head.

The accused is a young person aged 17. His education goes up to Form 3 secondary. He is originally from the island of Onotoa but at present he lives with his uncle and aunt at Taborio in South Tarawa. His parents live in Nauru and the uncle and aunt are his guardians. He earns his keep by working at his uncle's petrol station at Taborio.

I am told that the accused's conduct followed the drinking of some alcohol. He was not used to the CB radio and played with it as one would play with a toy. When spoken to by the police he fully cooperated with them. He is a first offender. His aunt has attended court today and says that since this offence she has had to keep a much tighter rein on him and he has responded by improving his behaviour.

There is no question that the words uttered by the accused over CB radio were grossly insulting and constituted a serious abuse of that form of communication. Nevertheless, in view of the young age of the accused and in view of the fact that he is a first offender and has pleaded guilty I do not think that a term of imprisonment is warranted. I accept that his judgment on that night was affected by alcohol and that the offences he committed were out of character.

I think justice will be served if the offences are dealt with by way of a fine. On each offence the accused is convicted and fined $50 to be paid on or before the 12^th October 1998 in default 1 month's imprisonment. That's a total of $100 or 2 months' imprisonment.

Dated the 11^th day of September 1998

THE HON R B LUSSICK
CHIEF JUSTICE