Republic v Arobati [2001] KIHC 2; Criminal Case 24 of 2000 (1 January 2001)

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

Criminal Case No. 24 of 2000

THE REPUBLIC

v.

TEATA AROBATI

FOR THE REPUBLIC: Mr Tion Nabau
FOR THE ACCUSED: Ms Emma Hibling

SENTENCE

When you were drunk on 6 January last year, in the evening and then again early the next morning you did a very silly thing. You interfered with Nei Ratita Ioera. You have pleaded guilty to two counts of indecent assault, one count of housebreaking with intent to commit a felony and one count of criminal trespass.

You went into Nei Ratita’s house about 10 o’clock while she was asleep: you pulled up her skirt: she repulsed you and you ran away. In the morning, about 6 o’clock you came back and did much the same thing again, touching her leg. She did not consent on either occasion and was really angry about it.

You say do not remember but accept that you did what she has said.

You are 22 years old, married and now have a young baby. Nei Ratita was 43.

Your family – you live with your parents – and the victim have houses on the same plot of land: so the houses must be near one another. You call the victim “aunty” which shews the close relationship between you all.

The same morning your wife and mother apologized to the victim: you apologized the next day. The apologies were accepted.

In court you made a statement to me. I accept that you are sorry and ashamed for what you did. Ms Hibling told me you have not had a drink of alcohol since this happened. I hope that you will never drink alcohol again.

You have already been punished. Your wife’s family came and took your wife away: you did not see her for a month and then were allowed to see her at week-ends. In the last week you and she are living together again.

You work for the Kiribati Ports Authority. There are 8 in the household and only you and your sister are working.

You have no previous convictions. You have pleaded guilty which means a less penalty than otherwise.

I take all these matters into consideration.

What you did was not only silly but, as Mr Nabau, the prosecutor pointed out, very serious as well. Each of the 4 offences deserves a period of imprisonment but given your remorse, the punishment of not being with your wife and young child for so long, your giving up alcohol, your apology and that you have pleaded guilty, I shall suspend the terms of imprisonment which I must impose.

On each count of indecent assault you will be imprisoned for 4 months, for housebreaking with intent, you will be imprisoned for 6 months, for criminal trespass you will be imprisoned for 4 months. All sentences to be served concurrently.

The sentences will be suspended so long as you do not commit another offence punishable by imprisonment in the next two years.

What that means is that if you do not commit another offence for which you could go to gaol you will not have to go to gaol for these offences. But if you do commit any other offence you will be liable to go to goal for that offence and also have to serve these terms of imprisonment. So you must keep out of trouble.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE