Republic v Baono [2004] KIHC 152; Criminal Case 14 of 2003 (10 January 2004)

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

High Court Criminal Case 14/03

THE REPUBLIC

vs

TIAEKI BAONO
TIONE KUNEBA
KIEURA TIATARA

For the Republic: Ms Pole Tebao
For the 1st Accused: Ms Taoing Taoaba
For the 2nd Accused: Ms Jacqueline Huston
For the 3rd Accused: Mr John O'Sullivan

Date of Hearing: 29 September 2003

SENTENCE

Tiaeki Baono: you have pleaded guilty to attempted rape in Betio on 20 July 2002. The attempt was made in company with two other young men, Tione and Kieura. I sentenced them at the beginning of October 2003 and described the crime.

After the crime and before you were charged you became very ill. The illness was diagnosed as schizophrenia. For many months you were not able to understand the charge or to tell your lawyer about it. That is why it is only now that we can consider your case. Ms Huston tells me that your condition is stable but that you still must have treatment. The treatment is being supervised by the staff at the Mental Wing of the Central Hospital. Korio Tetabea will continue to treat you at the clinic. You must attend at the clinic every two weeks. Your next appointment is tomorrow,
20^th January. I ask the prison authorities to make arrangements for you to attend tomorrow, whenever further treatment is necessary and to make sure that you always take your medication when you should.

Unlike Tione and Kieura you have no previous convictions. You are 22 years old, not married and live with your family in Betio.

You were drunk when you attempted to rape the lady. You have had to give up drinking alcohol because of your treatment. You would be sensible never to drink alcohol again in the future.

Besides having no previous convictions you pleaded guilty as soon as you were fit to do so. No previous convictions and pleading guilty mean a lesser term of imprisonment than otherwise.

When I sentenced Tione and Kieura I said all three of you were equally responsible for the attempt to rape. I gave each of them two years and 6 months imprisonment. Because of your circumstances, even though you were equally responsible, your term of imprisonment should be a little less.

You will go to gaol for two years and two months. The term will run from last Thursday, 15 January, when you went into custody.

Dated the 19^th day of January 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice