In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

Criminal Case No. 64 of 2003

The Republic

vs

Temake Aata

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoing Taoaba

Date of Hearing: 15 March 2004

SENTENCE

Temake Aata: you have been found guilty of assault occasioning actual bodily harm. The facts are in my judgment convicting you. In short you assaulted the victim, whom Ms Taoaba now tells me was then your girl friend, in the course of trying to persuade her to have sex or pretended sex with her.

You are 22, single and not employed. You were, Ms Taoaba says, drunk at the time but you have not had any alcohol since. You apologized: the apology was accepted. The victim has since married your cousin.

You have four previous convictions the last in 1999. From the small penalties imposed they must have been minor. Ms Taoaba said you had been drinking when you committed them. You would be very sensible never to drink alcohol again.

Ms Taoaba asked that any sentence of imprisonment be suspended. The Director of Public Prosecutions opposed suspension.

You have now been in custody for over two weeks. You are sentenced to nine months' imprisonment but the sentence will be suspended upon your promising to be of good behaviour for the next two years and not to drink alcohol in that time.

If during the next two years you commit any other offence for which you could be sent to gaol then you will be punished for that offence and also have to go to gaol to serve this nine months as well. If you do not commit any other offence and are not caught drinking alcohol then you will not have to serve the nine months.

Do you understand?

Do you agree to behave yourself and not to drink alcohol for the next two years?

Dated the 5th day of April 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice