Republic v Ientaake [1999] KIHC 3; HCCrC 15.98 (18 January 1999)

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

HCCrC 15/98

THE REPUBLIC

versus

BWEREIETA IENTAAKE

Mr T Tabane for the Republic
Mr D Lambourne for the Accused

Date of Hearing: 18 January 1999

SENTENCE

The accused has pleaded guilty to the following 4 counts:

Count 1 - Indecent Assault on a female contrary to section 133(1) of the Penal Code Cap. 67 in that during the year 1992 at Takoronga, Betio, he indecently assaulted a girl by the name of Nei Orakete Kaintikuaba.

Count 2 - Indecent Assault on a female in that on the 7th January 1997 he did indecently assault the same girl.

Count 3 - Indecent Assault on a female in that on the 14th January 1997 he did indecently assault the same girl.

Count 4 - Defilement of a girl between 13 and 15 years of age contrary to section 135(1)(a) of the Penal Code Cap. 67 in that on the 16th January 1997 he had unlawful sexual intercourse with the same girl who, at that particular time, was aged 14 years.

The accused was the victim's stepfather at the time of the offences. The offences commenced in 1992 when the accused touched the victim's vagina. The victim was 10 years old at the time. About 5 years later the accused again touched the victim's private parts, her vagina and breasts. A week later the accused repeated the offence by again touching the victim's vagina. Up until that point the indecent assaults consisted of a mere touching and there was no penetration of any nature. However, two days after the last mentioned assault, the accused again touched the victim's breast and vagina but on this occasion he committed the act of sexual intercourse with her. At that time the victim was 14 years old and had most probably achieved puberty. A copy of the summary of facts accompanying the indictment is annexed hereto. There is mention in the last sentence of that summary that the accused threatened to kill the victim if she made any noise. However, the accused does not admit that that was the case and in the absence of any evidence I am not prepared to accept it.

The accused gives his current age as 27, but a perusal of his criminal record shows that his first criminal offence occurred in 1981, so that his given age is probably wrong. The accused comes from the island of Abaiang, left school at the primary level and, apart from a period of 2 years when he was employed by TSKL, has led a subsistence lifestyle. The accused was married to the victim's mother for a period of 10 years. He was obliged to marry her according to custom when her previous husband, who was the cousin of the accused, died.

The accused cannot offer any explanation for the offences apart from saying that he gave in to temptation. I am told that the accused has experienced an on-going problem with alcohol. His criminal record is an indication of that. Between 1981 and 1996 he had 18 convictions for what could be termed relatively minor offences. None of those offences was a sexual offence.

With regard to the present offences, the aggravating features are the victim's young age and the fact that the accused, as a stepfather, was in a position of responsibility towards her. In the accused's favour he has pleaded guilty and thus saved the victim the extra distress which having to give evidence can cause. There is very little else, however, that can be said in favour of the accused.

In all the circumstances, having regard to the totality of the criminality involved, an appropriate sentence in my view is a term of imprisonment for 3 years. The accused is therefore convicted and sentenced on count 1 to imprisonment for 1 year, on count 2 to imprisonment for 1 year, on count 3 to imprisonment for 1 year and on count 4 to imprisonment for 3 years. All of those sentences are to be served concurrently.

THE HON R B LUSSICK
Chief Justice
(18/01/99)