Republic v Rieta [2005] KIHC 135; 17-05 (4 October 2005)

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

High Court Criminal Case No. 17 of 2005

THE REPUBLIC

vs

KABIRIERA RIETA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Karotu Tiba

Dates of Hearing: 29 August 2005

SENTENCE

Kabiriera Rieta: you have pleaded guilty to indecent assault. You had been charged as well with house breaking with intent to commit felony but the Republic withdrew that charge before your arraignment and you then pleaded guilty to indecent assault. I take into account in your favour that you pleaded guilty as soon as you could. Also in your favour is that this is your first conviction.

You are 22 years old, married with a young child. It came out during Mr Tiba’s submissions that you had been having an affair for some time with the victim. That affects the seriousness of the offence which looked at first to be a bad indecent assault. In the middle of the night wearing only underwear, you went to the house where the girl, aged 18 but with a child by another man, was asleep under a mosquito net. You got on top of her and tried to pull down her underwear but the girl resisted telling you she was having her periods. You used some force but no violence and she suffered no injury. Her mother woke up and you ran away. You say you were drunk.

The victim’s mother and your father have settled together. The victim lives with them. Your father has not forgiven you and has forbidden you to come to the house.

You provide for your wife and child. She must have overlooked if not forgiven your affair with the girl. You work part time for the copra mill and earn about $100 a fortnight so support your family.

Mr Tiba has asked that I suspend any sentence of imprisonment. If I had not been told of your relationship with the victim I would not even have considered suspension: it looked too serious for suspension. However the relationship means the assault is much less serious than it looked at first.

You have already been in custody since 29 August, over five weeks. That is enough time in prison if you behave yourself in future.

You are sentenced to six months in gaol. The sentence will be suspended and you will not have to go to gaol if you promise to be of good behaviour for the next two years.

If you do not commit any other offence in the next two years from today you will not have to serve this six months. If you do commit any other offence in that time then you will be liable to serve this six months in gaol as well as any penalty imposed for the new offence.

Do you understand? [His answer was Yes].

Do you promise to be of good behaviour for the next two years? [His answer was Yes].

Dated the 4th day of October 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice