Republic v Nabuaka [2005] KIHC 154; 29-05 (17 November 2005)

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

High Court Criminal Case No. 29 of 2005

THE REPUBLIC

vs

AKAI NABUAKA

For the Republic: Ms Olga Guillen
For the Accused: Ms Botika Maitinnara

Date of Hearing: 16 November 2005

SENTENCE

Akai Nabuaka: you have pleaded guilty to assault occasioning actual bodily harm and to rape.

Both were part of the same incident. At about 2 o’clock in the morning on 18 June at Bonriki, you and two girls had been drinking together. The victim wanted to go to the beach to relieve herself. The other girl went with her. So did you. On the way you forced her to have sex. You pulled her by the hair, punched her in the eye, made her nose bleed, forced her to lie down and had intercourse. At the Tungaru Central Hospital she was reported to have multiple physical injuries and to be stressed. She was 18 and a JSS student.

You are 17. You live with your parents at Bonriki. You left school at 14 and have been employed making bricks. I conclude from what Ms Maitinnara said that you are supporting your family of two younger brothers and two younger sisters as well as your parents.

You went to make an apology to the victim’s uncle at the airport fire station. The victim was there but from what each counsel said I am not sure whether she went with you or went there on her own.

Since this happened you have become active in the Catholic Youth group at Bonriki. That is in your favour. You have one previous conviction, drunk and disorderly in March 2003 when you were fined $10.00. It was not a good beginning as you could have been only 15 but I ignore it in sentencing you.

In your favour is that you pleaded guilty to both offences as soon as you could. That means a lesser penalty than otherwise I would have had to impose.

Assault occasioning actual bodily harm is quite a serious offence and rape a very serious offence. There is no alternative to your serving time in gaol.

For assault occasioning actual bodily harm you will be imprisoned for 12 months. For rape you will be imprisoned for four years. The sentences will be served concurrently. That means a total term of imprisonment of four years. It will run from yesterday 16th November when you went into custody.

Dated the 17th day of November 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice