Republic v Tengke - sentence [2004] KIHC 44; Criminal Case 03 of 2004 (8 March 2004)

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

Criminal Case No. 3 of 2004

THE REPUBLIC

vs

TANRE TENGKE

For the Republic: Ms Pole Tebao
For the Accused: Mr Aomoro Amten

Date of Hearing: 5 March 2004

SENTENCE

Tanre Tengke: you have been convicted of raping Nei Marewe Tauraba on 9^th July at Eten village on Fanning Island. I shall set out the facts fully when I publish reasons for convicting you. In summary, one night you got under the mosquito net with her: she thought you were her husband and allowed you to have sexual intercourse. After you had penetrated her she recognised you and pushed you out.

You are 50 years old, married with five children, the eldest married, the youngest in play school. You are unemployed and live a subsistence lifestyle. You were arrested about a month after the incident and were in custody for six days. You have no previous convictions.

The Director of Public Prosecutions told me that what you did has greatly affected the victim in her marriage and will have a long lasting effect.

Rape is always a serious crime and has a maximum penalty of life imprisonment. This was not the most serious rape but you should go to gaol for some time. Despite Mr Amten's request that a sentence be suspended what you did and its effect on Nei Marewe are so serious that the sentence will not be suspended.

You are sentenced to imprisonment for one year.

Dated the day of March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice