Republic v Bakabora [2004] KIHC 54; Criminal Case 02 of 2004 (24 March 2004)

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

Criminal Case 2 of 2004

THE REPUBLIC

vs

TANAKI BAKABORA

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

Date of Hearing: 22 January 2004

SENTENCE

Tanaki Bakabora: you have pleaded guilty to indecent assault which you did to a woman by the name of Mrs Jacqueline Huston (the victim). You did this to the victim on 29 January 2004, at Betio at about between 4.15 and 5.00 in the afternoon.

I am told you indecently assaulted the victim whilst she was sitting inside a High Court stationary minibus being parked outside Ereta Bruce's house at Betio. The victim was sitting behind the driver's seat on a seat next to the window which was open. There were also other passengers sitting inside the bus with the victim. You and your companions, I am told, saw the victim when she was sitting inside the stationary bus.

I am also told you have had a lot of sour toddy practically all day that day long. And as you continued drinking you boasted to your drinking companions and told them you are the most mischievous or uncontrollable person ever. Consequently your companions then teased you and told you that they would believe you are indeed mischievous only if you could go over to the bus where the victim was then sitting and grabbed her breast.

You agreed and so walked across to the bus, hid yourself outside the open window where the victim was sitting inside the bus, then you put your hand through the open window and grabbed the victim's breast from behind and then you ran away.

The indecency which you had done to victim even though it is not the most serious one as it is at the lower end of the scale I still consider it to be really bad, offensive and insulting to the modesty and dignity of the victim for the following reasons:

- you had indecently assaulted the victim in full daylight in public in the full gaze and view of passengers in the bus who were with victim and other onlookers near and about the bus where it was parked.

- you had humiliated and embarrassed the victim who is held in such high esteem and respect as the People's Lawyer by those who were with her on the bus.

- you have made the victim the object of ridicule, scorn and a laughing stock to your drinking companions who were watching and laughing at what you did to the victim and those passengers who were on the bus with the victim.

- you are only fifteen years of age and yet you are capable and have dared to indecently assaulted a woman who is perhaps as old or even older than your mother.

And your excuse for having done what you did to the victim was because you were drunk. That may be so but it is not an excuse at law.

Besides our records of court cases tend to show that the common cause of many criminal offences including sexual offences is alcohol having been taken in excess. That must be controlled.

You are 15 years old and the eldest son amongst four other younger brothers and one sister in your family. You have completed Form 3 at Betio Junior Secondary School but could not make it to Form 4.

Your father is a school teacher at KGV.

In your favour, I am told, you are a youthful first offender, and had also pleaded guilty at the first available opportunity which means a lesser penalty than otherwise. I am also told that your family are ashamed of what you did to the victim and your father has given you a good beating as a punishment.

The victim herself as you yourself saw and heard her testifying in court said that she has been shocked and greatly disturbed and distressed by what you did to her and as the result she could not sleep on the night of the incident in question.

Mr Amten, your counsel, had suggested for you a suspended sentence with a community service under the supervision of the Police. Indeed this could be an alternative sentence but I need further information and report on it as to its effectiveness and what has been done up to now.

So taking everything into account including the Republic's suggestion that a custodial sentence of one month be imposed to which Mr Amten, your counsel, responded in open court that he did not object to that suggestion at all, I consider that the appropriate sentence under the circumstances is a custodial sentence. I therefore sentence you to imprisonment for a term of two months commencing from 22 March 2004 when you first went into custody.

Dated the 24^th day of March 2004

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
Judge