Republic v Tawita [1998] KIHC 54; HCCrC 25.98 (16 October 1998)

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

Criminal Case No. 25 of 1998

THE REPUBLIC

vs

KABUTA TAWITA

For the Republic: Ms Pole Tebao
For the Accused: Mr David Lambourne

Date of Hearing: 16 October 1998

SENTENCE

The accused has pleaded guilty to the following two charges:

Count 1

Statement of Offence

ATTEMPTED DEFILEMENT contrary to section 134(2) of the Penal Code (Cap 67)

Particulars of Offence

KABUTA TAWITA on the 3^rd day of June 1998 at Koinawa village Abaiang Island attempted to have unlawful sexual intercourse with a girl under the age of thirteen years.

Count 2

Statement of Offence

INDECENT ASSAULT on a female contrary to and punishable under section 133(1) of Penal Code (Cap 67)

Particulars of Offence

KABUTA TAWITA on the 3^rd day of June 1998 at Koinawa village Abaiang Island unlawfully and indecently assaulted a female under the age of thirteen namely Mwakeringa Tioti.

The facts, which are not in dispute, are set out in the Summary of Facts accompanying the indictment, a copy of which appears at the end of this judgment. As can be seen, the facts are very serious. The victim was only 7 years of age. The accused at first penetrated her with his finger, causing her to cry in pain. The accused then tried to penetrate her with his penis but was unable to do so because of the small size of her vagina. The experience must have been an extremely distressful one for such a young girl, although in the absence of a medical report it cannot be assumed that she will suffer any lasting physical or psychological damage.

I accept the accused's claim that he was drunk at the time the offences were committed. Apart from that, he can offer no explanation for his behaviour.

I am told that the accused is aged 34 and comes from the island of Marakei. He is separated from his wife and was living with the victim's uncle on Abaiang when the offences occurred. He leads a subsistence lifestyle and earns extra money by selling sour toddy. His education was limited to class 8 primary.

The accused was so full of ramose after the incident that he tried to hang himself with the victim's skirt. Failing that, he walked overnight to the police station to surrender himself, and gave the police a full confession. He is a person of previous good character, having no prior criminal convictions. All of those facts of course go to the accused's credit.

The offences obviously must be regarded as serious. The courts have a duty to protect young children by imposing substantial sentences as a deterrent to those who would commit indecencies upon them.

Taking everything into account, including the fact that the accused has been in custody since 4 June 1998, I consider that the appropriate sentence is one of 3 years' imprisonment. Accordingly, the accused is convicted and sentenced on the first count to imprisonment for 2 years, and on the second count to imprisonment for 3 years. Both sentences are to be served concurrently.

Dated the 16^th day of October 1998

THE HON R B LUSSICK
CHIEF JUSTICE