Republic v Teitea [1998] KIHC 61; HCCrC 09.98 (23 November 1998)

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

HCCrC 9/98

THE REPUBLIC

vs

TANIERU TEITIA

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

Date of Hearing: 23 November 1998

SENTENCE

The accused has pleaded guilty to a charge of rape contrary to section 128 of the Penal Code Cap. 67 in that on the 13^th October 1997 at Koinawa, Abaiang, he had unlawful sexual intercourse with a woman named Kariamwakin Tioti without her consent. The woman was the accused's mother in law and she was aged 80 at the time of the offence. She died about 2 months ago from causes not related to this offence.

The accused explains that prior to the offence, he had been drinking sour toddy for 2 days and was very much under the influence of alcohol. He had had an argument with his wife. She ran away and he went to find her. The accused went to the victim's house and persuaded her to come with him to his house where the offence was committed.

I am told that the accused is aged somewhere in his 30's. He is originally from the island of Arorae but was living on his wife's home island of Abaiang at the time of the offence. They have 2 children aged 6 and 12. The accused has only a limited education going as far as Class 5 primary and he now leads a subsistence lifestyle.

There is no question that the offence is serious. There are, however, some mitigating features which must be taken into account. The accused pleaded guilty and fully cooperated with the Police. He is a person of previous good character. There is no allegation by the prosecution that any undue force was used in committing the offence other than the force necessary to effect the rape. There is also no allegation that the victim suffered any injury. Finally, the accused has shown remorse by apologising to the victim. The victim accepted his apology and, as a result, his wife returned to him and they are now living together again.

Taking all of those matters into account, it is my view that the appropriate sentence in the circumstances is as follows:

The accused is convicted and sentenced to imprisonment for a term of 3 years.

THE HON R B LUSSICK
CHIEF JUSTICE
(23/11/98)