Republic v Binataake [2004] KIHC 162; Criminal Case 27 of 2003 (30 June 2004)

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

High Court Criminal Case No. 27 of 2003

THE REPUBLIC

vs

TEAUA BINATAAKE

For the Republic: Ms Eveata Maata
For the Accused: Mr Aomoro Amten

Date of Hearing: 30 June 2004

SENTENCE

Teaua Binataake: you have pleaded guilty to indecent assault. It happened on 15 November 2002, outside the Linnix maneaba in London, Kiritimati Island. You touched, through her clothing, a young woman’s breast. It was a momentary touching. She pushed you away. You say you were very drunk and didn’t remember doing it, although you apparently immediately apologized. You say you knew nothing about it until the police approached you in January last year. You were then shocked and embarrassed and apologized to the young woman’s father. On 22 March this year the young woman wrote a letter, addressed to me, saying that she had been to the London police station to withdraw the complaint. Nevertheless despite the nature of the touching – not a serious indecent assault – and the young woman’s wish to withdraw, the Republic persisted with the charge, bringing two witnesses to Tarawa. You were already here – otherwise I would have heard the charge when last I was in Kiritimati – because you were in hospital having coughed up blood.

You are 34 years old, an Assistant Labour Officer on Kiritimati. You have settled with a woman by whom you have a four year old child.

You have two previous convictions, in 1990 for damaging property and drunk and disorderly: you were fined a total of $15. I ignore those offences in fixing penalty: they are so long ago.

In your favour you have pleaded guilty.

Mr Amten has asked that any sentence of imprisonment be suspended. Ms Maata has not opposed that.

It was a silly, insulting thing to do, no doubt upsetting to the victim at the time but on the scale of seriousness of indecent assault one of the least serious.

You will be imprisoned for three months but the term of imprisonment will be suspended if you will promise to be of good behaviour for the next nine months.

If you do not commit any other offence in the next nine months you will not have to serve this three months in gaol. If you do commit another offence then you will be punished for it and be liable to serve this three months’ imprisonment as well.

Do you understand?
Do you promise to keep out of trouble for the next nine months?

Dated the 30th day of June 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice