Republic v Bauro [2004] KIHC 35; Criminal Case 52 of 2003 (25 February 2004)

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

Criminal Case No. 52 of 2003

THE REPUBLIC

vs

BUAKAUA BAURO

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Botika Maitinnara

Date of Hearing: 23 February 2004

SENTENCE

Buakaua Bauro: you have pleaded guilty to indecent assault. In June 2002 you were living on Marakei. You and your pregnant wife had divorced some weeks earlier. The victim Nei Bwaueri Ientaake, aged 16 was your previous wife's younger sister. About midday on Sunday 16 June Nei Bwaueri went to relieve herself on the beach on the ocean side at Tekuanga village. With threats you told her to stand up. She did so. You pulled her to the ground. She fell lying on her back. You got on top of her, pushed up her t-shirt and sucked her breasts. She resisted strongly and you got up. She went and told her sister what you had done.

You are 34 years old, are unemployed and now living with a woman on South Tarawa. Ms Maitinnara told me that you had no children but Ms Iteraera pointed out that your wife had been pregnant when you divorced.

In your favour is that this is your first offence and that you have pleaded guilty. These two things mean a lesser sentence than you would have received otherwise. Ms Maitinnara said you apologized afterwards to the victim but I do not place much significance on that.

It was a serious indecent assault and if Nei Bwaueri had not resisted so strongly may have led to something worse. You deserve a term of imprisonment. You will be imprisoned for nine months. The sentence will run from last Monday, 23 February, when you went into custody.

Dated the 25^th day of February 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice