Republic v Tebano [2001] KIHC 39; Criminal Case 23 of 1999 (11 May 2001)

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

High Court Criminal Case 23 of 1999

THE REPUBLIC

vs

RUONITI TEBANO

For the Republic: Mr Tion Nabau
For the Accused: Mr Neil Allen

Date of Hearing: 7 May 2001

SENTENCE

Ruoniti Tebano: you have pleaded guilty to two counts of indecent assault: they were separate incidents, some months apart, with two different little girls. Indecent assault is a crime which has a maximum penalty of 5 years' imprisonment.

On the first occasion – the subject of the charge in file Criminal Case 24/1999 – Tahilia your niece, then between 6 and 7 years old, came into the room where you were lying. You had separated from your first wife a couple of weeks before, were depressed and drinking a lot. You were drunk at this time. Tahilia, you say, asked you to touch her vagina: you did so: you became sexually aroused: you lay down on top of her and put your penis between her thighs. Mr Allen, your lawyer, said you did not penetrate. You realized what you were doing was wrong and stopped. You felt scared and nervous.

Some months later, on the afternoon of 9 May 1999 little Selepa came into the room where you were lying. You had consumed on that day 5 x 1 litre bottles of sour toddy and were drunk. Selepa had no pants on. You touched her on the vagina and that's all: a "fleeting touch" Mr Allen said. Yet you knew what you had done was wrong.

Selepa's mother your cousin began looking for her. Selepa's grandfather called out to you. You denied wrong-doing but when the mother threatened to call the police you apologised.

You were interviewed by the police about each incident and made admissions.

It now appears that you offered to plead guilty to the first incident, with Tahilia, on 30 June last year but that was not known to the Court until your arraignment last Monday. Your plea of guilty is to your credit and means a substantially lesser sentence than otherwise.

On Monday you pleaded not guilty to the charge concerning Selepa – that is file Criminal Case 23/1999 – but after the trial had proceeded for some time longer than an hour, you changed your plea to guilty. This too is in your favour, but does not carry as much credit because the plea came so late, after the trial had started.

You are 37 years old and have been a bus driver. That may account for the three speeding convictions you have in June 1997. Those are your only previous convictions. I disregard them for the purposes of sentencing and regard you as having no previous convictions.

You do not know what has happened to your first wife and the two children of that marriage. You married a second time not long before you were charged with these offences. Your present wife is 6 months' pregnant. She is to go to live with your mother on Marakei while you are in gaol.

What you did was very wrong, violating two little girls. You explain it by your drunkenness. You feel remorseful and ashamed. Mr Allen says you have not touched intoxicating drink since and do not intend to. That is the best way of avoiding doing such disgraceful things in the future.

Because the incidents were some months apart I cannot regard them as a course of conduct. I should impose separate and cumulative sentences.

The first incident with Tahilia was the more serious and, if you hadn't pleaded guilty would have meant 2 years in gaol. Because of the plea of guilty, you will be imprisoned on that charge for 18 months.

The second incident is less serious but because the plea was so late does not bring the same reduction in penalty. If you hadn't pleaded guilty and had been found guilty it would have meant six months in gaol but that is reduced to 5 months.

The sentences are to be served cumulatively. That means a total period of imprisonment of 23 months. You have been in custody since 13 March and the period will start from that day.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE
(11/05/01)