Republic v Mateero [2003] KIHC 79; Criminal Case 06 of 2003 (16 June 2003)

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

Criminal Case No. 6 of 2003

THE REPUBLIC

vs

REKEN MATEERO

For the Republic: Ms Melissa Kent
For the Accused: Mr John O'Sullivan

Date of Hearing: 2 June 2003

SENTENCE

Reken Mateero: you have pleaded guilty to assault occasioning actual bodily harm. That is a crime which has a penalty of up to five years' imprisonment.

In the early evening of Friday 8 February 2002 the victim a 14 year old girl got off a bus at Antenon. She was with another girl. You approached them and made indecent suggestions to the victim. Mr O'Sullivan said that you were drunk and thought the victim was your girl friend: your memory is not good. That story does not agree with the victim's account of your conversation. Whatever may be the accurate story you chased the girl from one house where she looked for help to another and gave her a black eye. Apart from this physical injury she must, from the Summary of Facts, have been very frightened.

You behaved very badly indeed. People of all ages should be able to walk about without fear of being molested.

You are 28 years old, married for 10 years and have three young children. You live a subsistence lifestyle.

This is your first offence and you pleaded guilty as soon as you could. Mr O'Sullivan told me you have given up drinking alcohol and have not had any since. No charges were laid against you for over 12 months. All these things mean you should not be as heavily punished as otherwise.

You have been in custody now for two weeks. You are sentenced to six months' imprisonment but the sentence will be suspended on your promising to be of good behaviour for the next two years and not to drink alcohol in that time. I will suspend the sentence especially because you have given up alcohol. I strongly suggest that you do not ever drink it again. Otherwise you may do other bad things. If you do not commit any other offence within two years from today and do not drink then you will not have to stay in gaol for six months. If you do commit another offence within the next two years then you will be punished for that and also be liable to serve this six months as well.

Do you understand?
Do you agree to behave?

Dated the 16^th day of June 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE