Republic v Bureaua [2003] KIHC 142; Criminal Case 23 of 2003 (12 November 2003)

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

Criminal Case No. 23 of 2003

THE REPUBLIC

vs

TEKABORIBA BUREAUA

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

Date of Hearing: 11 November 2003

SENTENCE

Tekaboriba Bureaua: you have pleaded guilty to indecent assault. On the evening of 31 July last year you grabbed a little seven year old girl who was walking to church at Teaoraereke and took her down to the beach where you pulled down her shorts and licked her vagina. You did this at a place where you could be seen. People came and took the little girl to her parents. The police came and arrested you.

You say you were drunk at the time and do not remember quite what you did. Not surprisingly it has made it difficult for you to continue to live in the village, despite an apology to the victim's family.

Mr Amten has said that you were a notorious alcoholic: since this happened you have cut down on your drinking. This is your first offence.

You are 50 years old, married with grown up children. You help maintain your present wife's grand child who attends the Red Cross Centre and you help support four other grand daughters at their schools. You live a subsistence life style and make money by selling fish.

Through Mr Amten you complain that although you confessed to the police within a day it took nine months before you wee charged. Until then you did not know what, if anything, was going to happen and were emotionally stressed. I accept that it should not have taken the authorities nearly so long to make their enquiries and charge you. I take the distress caused by the delay into account in your favour. I also take into account that it is your first offence that you have pleaded guilty and all that Mr Amten has put on your behalf. These things mean a lesser sentence than otherwise.

Yet what you did was a very serious crime. Little girls, women of any age, and indeed everyone should be able to walk about freely without the risk of being assaulted in any way.

You will be imprisoned for 10 months from yesterday, 11 November, when you went into custody.

Dated the 12^th day of November 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice