Republic v Baba - sentence [2002] KIHC 81; Criminal Case 35 of 2001 (25 July 2002)

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

High Court Criminal Case 35/2001

THE REPUBLIC

vs

KINATIO BABA

For the Republic: Ms Ereta Bruce
For the Accused: Mr Aomoro Amten

Date of Hearing: 17 & 18 July 2002

SENTENCE

Kinatio Baba: you have been found guilty of rape. In September 1999 you a man in your early 30’s took a girl, then about 16, into the bush for most of a night. You forced her at least once to have sex with you. It may have been more often but for the purposes of sentencing I assume it was only once. The girl could not have been unwilling to go with you but resisted your sexual advances and you forced yourself on her. Every rape is a very serious crime but fortunately the circumstances of your case are not as bad as some others. The worst thing about your conduct is that you were a man twice the girl’s age and in a position of trust, being the leader of the village youth group.

You are now 35 years old. You have been married twice and have three children of your own. Your second wife is the widow of your brother and has six children from her first marriage. You live in a subsistence life style.

Mr Amten has conceded that you must go to gaol. He has made a number of submissions for leniency and I take them all into account in your favour. Perhaps the most significant is that you were open with the police and confessed to what you did.

You have no previous convictions.

You are sentenced to three years and six months’ imprisonment. The term will run from 17 July when you went into custody.

Dated the 25^th day of July 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE