Republic v Tatoa - sentence [2002] KIHC 55; Criminal Case 32 of 2001 (26 April 2002)

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

High Court Criminal Case No. 32 of 2001

THE REPUBLIC

vs

TAUORA TATOA

For the Republic: Ms Pole Tebao
For the Accused: Mr Aomoro Amten

Date of Hearing: 20, 22 & 25 March 2002

SENTENCE

Tauora Tatoa - you have been found guilty of two serious crimes – one of which is the offence of Abduction and the other one is Indecent Assault, both of which crimes you did on a very young girl of tender age.

The reasons for your convictions are contained in the Judgment which I delivered on 24^th April 2002.

The victim in this case is your own cousin, a relative, you know her well and she also knows you well and trusted you as a cousin. In fact you and your wife had stayed with the victim and her parents before and the parents had assisted you build your house. Because of the victim’s trust in you when you called out to her at Tekabiniwa pretending that you had wanted her to buy you smoke she stopped and then you overpowered her and carried her to the bushes and detained her there and did some bad things to her.

What you did to Nei Baretina Riibu is not only a serious crime at law, but it is also a very serious breach of a Kiribati custom namely having the intention of having sexual intercourse with one’s own relative let alone with a girl of tender age.

However I am told that you are 35 years of age, you have had been married twice and had two young children from your first marriage the eldest of whom is less than 10 years old.

You are unemployed and now live on a subsistence living by fishing, cutting copra and toddy. I am also told that you are remorseful and feel shameful for what you did in this case.

You have no previous convictions and therefore I am prepared to regard you as a person with good reputation and character and a first offender.

Nevertheless I regard what you did to the victim as being particularly bad and cruel and I think that a custodial sentence for the two offences which you had committed is called for. I appreciate the fact that you are the main, if not the only, supporter and breadwinner of your family and your being imprisoned will cause hardship on your family and dependants but this is one of the prices to be paid for committing an offence.

You are therefore sentenced to imprisonment for Abduction for a term of two and a half years and for Indecent Assault for a term of two years, both sentences to be served concurrently as both offences arose out of the same facts and such sentences shall be deemed to have commenced from 20^th March 2002 since when you have been in custody.

Dated the 26^th day of April 2002

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
JUDGE