Republic v Boraia [2003] KIHC 109; Criminal Case 08 of 2003 (2 October 2003)

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

Criminal Case No. 8 of 2003

THE REPUBLIC

vs

NERU BORAIA

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

Date of Hearing: 15 September 2003

SENTENCE

Neru Boraia: you have been found guilty of indecent assault. The maximum penalty for indecent assault is five years' imprisonment.

The facts are in my reasons for convicting you. Although the assault itself was not the most serious yet the surrounding circumstances make your crime quite a serious one. The victim was a young woman, the daughter of the woman with whom you had been settled. You and your partner and the victim were all staying at the hospital on Abemama because the victim's little boy had a fever. During the night you imposed yourself on the victim and meant to have intercourse with her if she had not resisted your advances.

You are 46 years old and unemployed. You separated from the victim's mother after this happened.

You have no previous convictions.

You are sentenced to 12 months' imprisonment to run from 25 September when you went into custody.

Dated the 2^nd day of October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice