Republic v Tourakai - sentence [2002] KIHC 66; Criminal Case 23 of 2001 (30 May 2002)

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

High Court Criminal Case 23/01

THE REPUBLIC

vs

BWARAME TOURAKAI
NIKUATA NAKOTI

For the Republic: Ms Pole Tebao
For the 1st Accused: Mr Aomoro Amten
For the 2nd Accused: Ms Taoing Taoaba

Date of Hearing: 27 & 28 May 2002

SENTENCE

Bwarame Tourakai and Nikuata Nakoti: you have both been found guilty of raping a woman very much older than yourselves. You were, during the early afternoon, accompanying her from a house at Temwaiku, to the main road for her to catch a bus. You pulled her into bushes and each in turn had sexual intercourse with the lady without her consent.

Both your lawyers say that you were acting quite out of character. You had been drinking sour toddy since the day before and were very drunk. Being drunk may be the reason but is no excuse for what you did.

Neither of you has any previous convictions. You, Bwarame are 19. You are not married and live in an extended family. You live a subsistence lifestyle.

You, Nikuata are 24. You are not married but have a little daughter of four who is looked after by your mother. You live a subsistence lifestyle.

I take into account what your lawyers have told me about you and that you are sorry for what you did and went to apologize to the lady.

Rape is a very serious crime. A woman should be able to go about in safety without being violated by a man, or worse still by two young men. You are both equally guilty and should receive the same punishment.

You will be imprisoned for five years, to run from last Tuesday when you went into custody.

Dated the 30^th day of May 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE