Republic v Tetaua [2003] KIHC 23; Criminal Case 14 of 2002 (28 January 2003)

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

Criminal Case No. 14 of 2002

THE REPUBLIC

vs

RITATE TETAUA

For the Republic: Ms Pole Tebao, A/Director of Public Prosecutions
For the Accused: Mr Aomoro Amten

Date of Hearing: 20, 21 January 2003

SENTENCE

Ritate Tetaua: you have been convicted of indecent assault. You had been charged with defilement of a girl under 13 but the Republic did not prove beyond reasonable doubt that your penis had penetrated the little girl's vagina.

During the trial I did not recognise you or your name but the facts did remind me of an earlier case of defilement I had heard. Only after I had delivered judgment did the Director of Public Prosecutions disclose your previous record and I realized you are the same man. Although this case has taken much longer to come to hearing, you committed the crime two weeks before the other one. I therefore cannot take into account that you already have that conviction. The penalty for a crime committed subsequently cannot be taken into account in fixing penalty for an earlier crime. However I can take notice that the Court of Appeal fixed the penalty at five years, the maximum for indecent assault.

The facts in each case are similar. They were both terrible crimes, the sexual violation of a defenceless little girl: the worst indecent assault there can be. In view of that and your long record of previous offences you should be imprisoned for this crime for the same time.

You will be imprisoned for five years, the term to commence on the expiration of the imprisonment you are presently serving.

Dated the 28^th day of January 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE