Republic v Kuneba [2003] KIHC 110; Criminal Case 14 of 2003 (2 October 2003)

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

Criminal Case No. 14 of 2003

THE REPUBLIC

vs

TIONE KUNEBA
KIEURA TIATARA

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

Date of Hearing: 29 September 2003

SENTENCE

Tione Kuneba and Kieura Tiatara: you have each pleaded guilty to attempted rape. That is a crime which has a maximum penalty of seven years' imprisonment.

It was in Betio at the back of the Seamen's Hostel in the early hours of the morning of 20 July 2002. The victim, a married lady in her 50's was walking past Moel when she was approached and asked for a light for a cigarette. She was then attacked by you both and another and carried round behind the Seamen's Hostel. She was thrown down, her clothes except for her bra, pulled down. She was held while the other man got on top of her. He tried to rape her but fortunately the police came along and interrupted what was going on.

The Director of Public Prosecutions told me that the victim no longer feels secure when out at night and her marriage has broken up as a direct result of the dreadful experience.

It was a most serious crime and only lucky that it was not the even more serious crime of rape itself.

You, Tione, are 27 years old, married with three children, the youngest new born. You and your wife live a subsistence life style. The day before this happened you had been drinking sour toddy the whole day. That was at Eita. You then caught a bus and came to Betio and drank beer in a bar during the evening. Ms Taoaba says you were too drunk to remember what happened except that you asked your friends to find you a woman.

The next day you were attacked by members of the victim's family and injured severely enough to have to go to hospital. You and your family are now living at Eita. You say you have given up drinking since the incident and worry what will happen now to your family when you are in gaol. You have three previous convictions, between August 1998 and April 2000, two for damaging property and one for fighting.

You, Kieura, are now 21 years old, having been born on 21 April 1982. There had been some confusion about your age. You told the police at the time of the incident that you were 18. Mr Amten told me you were born on 15 October 1986. The Director of Public Prosecutions obtained a copy of your birth certificate shewing your correct age. You were on 20 July 2002, a student in Form II at the JSS on Abaiang. You got drunk the afternoon before, first on yeast followed by beer. You already had one conviction for drunk and disorderly in August 2001. Mr Amten says you have not been drinking since you took part in this.

I take into account in favour of both of you that you have pleaded guilty, even though it was a late plea. A plea of guilty means a lesser sentence than otherwise.

Nevertheless what you took part in led to a serious crime. Because you both took part you are equally responsible with the other man who was making the attempt at rape when the police found you. I shall give each of you the same penalty. You are sentenced to 2 years and 6 months' imprisonment to date from last Monday, 29 September when you went into custody.

Dated the 2^nd day of October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice