Republic v Benetito [2003] KIHC 101; Criminal Case 35 of 2003 (19 September 2003)

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

Criminal Case No. 35 of 2003

THE REPUBLIC

vs

BEEMI BENETITO

For the Republic: Ms Melissa Kent
For the Accused: Ms Taoing Taoaba

Date of Hearing: 18 September 2003

SENTENCE

Beemi Benetito: you have pleaded guilty to one charge of defilement of a girl aged between 13 and 15 years. That took place in June 2002. You have asked that three other occasions – between the beginning of July 2002 and the end of September 2002 – be taken to account. The Summary of Facts which you have admitted says that it was a course of conduct over four months. The girl concerned was your in effect step-daughter aged 14 at the time. You married her aunt when the girl was a year old. Her aunt had adopted her when she was an infant. You were a father figure to the girl.

On the first occasion you had the intercourse with her, she had been sleeping next to you. What you had done became known when she was seven months pregnant. She says you are the father of her daughter born last July. She and her child are now living with her natural parents. Through Ms Taoaba, you have neither admitted nor denied that you are the father. It is likely that you are but it is possible some other man may be. So I shall not take into account the submissions Ms Kent for the Republic made about the birth of the child and the consequent blighting of the girl's educational and matrimonial prospects.

In any case the birth of a child does not affect the serious badness of what you did – having intercourse with your 14-year old step daughter who looked to you as a father figure.

The offending took place on Marakei where you were the Solar Energy Company agent. You left Marakei when what had happened became known and have not had contact with your wife since. Ms Taoaba told me you have four children who remain with their mother. You are 35 years old. You continued to work for Solar Energy until you went into custody on 8 August.

You thought what you did was alright because there was no blood relationship between you and the girl. That there is no blood relationship does not matter. What makes the offending more serious is the age difference between you – 35 to 14 – and that you stood in the position of a father to the girl. In your favour is that you have no previous convictions and that you have pleaded guilty. Nevertheless what you did was so serious that you must go to gaol.

You will be imprisoned for two years and six months to run from 8 August when you went into custody.

Dated the 19^th day of September 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice