Republic v Tara [2004] KIHC 33; Criminal Case 51 of 2003 (20 February 2004)

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

Criminal Case No. 51 of 2003

THE REPUBLIC

vs

TIOTI TARA

For the Republic: The Solicitor General & Ms Tetiro Semilota
For the Accused: Ms Jacqueline Huston

Date of Hearing: 11 February 2004

SENTENCE

Tioti Tara: you have been found guilty of indecent assault. The facts are set out in my judgment convicting you.

You are 40 years old, are separated from your wife and have nine children, the four eldest of whom are at school on North Tarawa. You have nine previous convictions dating back to 1981, none in itself particularly serious. Four of the convictions are for criminal trespass, an offence with which you also could have been charged this time. The last criminal trespass was in 2000.

On this occasion the victim was related to you by marriage. Ms Semilota has made the point that, by Kiribati custom, you should have protected her: instead you indecently assaulted her.

What you did was a serious offence: going into a house early in the morning when people were asleep and assaulting the young woman. You deserve to be imprisoned for it.

You are sentenced to nine month's imprisonment. The term will run from 23 January since when you have been in custody.

Dated the 20^th day of February 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice