Republic v Tabaki - sentence [2001] KIHC 49; Criminal Case 27 of 2000 (28 May 2001)

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

Criminal Case No. 27 of 2000

THE REPUBLIC

v.

BAURO TABAKI

FOR THE REPUBLIC: Mr Tion Nabau
FOR THE ACCUSED: Mr Neil Allen

Date of Hearing: 21 & 22 May 2001

SENTENCE

Bauro Tabaki: you have been found guilty of indecent assault and child stealing. The victim was a little girl not much more than one year old. The facts are in my reasons for convicting you and I do not repeat them.

You are 35 years old. You are married with 2 children aged 9 and 2. You come from Maiana but have been living on South Tarawa.

You have quite a long list of previous convictions, the first of which was in 1985. To use Mr Allen's description, they shew you to have been a nuisance to the community. A number of them were directly connected with alcohol: perhaps others were committed when you were drunk.

There is one conviction for a crime more serious than the rest: the same crime as one of those of which you are now convicted – child stealing. In 1994 Muhammad CJ sentenced you to 18 months for it. I therefore must deal with you as a second offender.

It was a serious indecent assault but not the most serious. Indecent assault has a maximum penalty of 5 years' imprisonment. For the indecent assault I sentence you to 12 months' imprisonment. Child stealing has a maximum penalty of 7 years' imprisonment. For the child stealing I sentence you to 3 years' imprisonment.

I accept Mr Allen's submission that the two offences arose out of the same incident. The two terms of imprisonment will be served concurrently.

You have been in custody since 22 August last year and the term of 3 years will start from that day.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE
(28/05/01)