Republic v Teababa [2005] KIHC 16; Criminal Case 72 of 2004 (22 February 2005)

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

High Court Criminal Case No. 72 of 2004

THE REPUBLIC

vs

BINEATI TEABABA

For the Republic: Ms Teretia Tokam
For the Accused: Mr Karotu Tiba

Date of Hearing: 22 February 2005

SENTENCE

Bineati Teababa: you have pleaded guilty to indecent assault which is a serious offence and attracts a maximum penalty of five years’ imprisonment.

What you did was that on 29th August 2004 about 4 am at Bairiki village, South Tarawa you indecently attacked a married woman by the name of Nei Kabane Tio, whilst she soundly slept away with her husband and a grandson inside their house. And you indecently assaulted the complainant by sucking her breast whilst sleeping. Initially the complainant did not feel you when you first started sucking her breast but shortly afterwards she felt you and woke up. When she woke up the complainant then recognised you and you still continue sucking her breast. The complainant then got very angry with you and she hit you but you apparently ignored her and kept on sucking her breast. When she sat up you then eventually stopped and went to a hammock inside the same room and sat on it. Then the complainant screamed and cried out in a loud voice and as the result she woke up her husband.

I am informed by your counsel, Mr Tiba that you had sucked the complainant’s breast only as a joke in return for the complainant’s regular joke to you that she had jokingly invited you on a number of occasions to suck or touch her breast in front of the members of the household including the husband. That is your story but the complainant was really upset and was very cross with you for what you did to her.

I am also told you were drunk when you attacked the complainant.

I am told that you are 22 years old and the complainant is about 45 years old or twice your age. You are single, unemployed and have four sisters and two of them are attending school. You and your parents are unemployed and live a subsistence life style. However you support yourself and your family by means of fishing and cutting toddy.

What you did to the complainant was wrong especially as your family and the complainant’s family had been good friends for a long time. The complainant and her husband had trusted you and had treated you as if you are a blood relative to them. I am told that the very early morning before the incident in question took place the complainant allowed you and her daughter to go swimming in the sea and it was on your return from swimming that you then assaulted the complainant.

As the prosecution had pointed out you had assaulted the complainant in the very sanctuary of her own private home whilst sleeping with her own husband and her grandson. This is very wrong and bad according to Kiribati custom as a married woman is considered a sacred woman who must be protected and guarded against indecent conduct of other men.

You had invaded her privacy early in the morning at about 4 am. As the result of you having indecently assaulted the complainant, the marriage of the complainant had been adversely affected and the husband had become upset and violent about it and had beaten and injured the complainant as the result.

However I am told that you are a first offender and you had never been in trouble with the law or the police before and thus you are of previous good character. You had also pleaded guilty and this fact will have the effect of reducing the sentence that may be imposed on you.

I am also told that you had apologised to the complainant and her husband but unfortunately your apology was not welcomed.

Nevertheless what you did was bad as you had invaded the privacy of the complainant in her home at early morning at 4 am and had breached the trust that the complainant and her family had for you as a good friend of the family. Further you had indecently assaulted a married woman who was twice your age and one who is considered under the Kiribati custom as a sacred and special woman.

However the degree and extent of the indecency you had committed on the complainant is at the low end of the scale of indecency.

So taking into account all the factors and circumstances in the present case including the precedents and bearing in mind that each case necessarily turns on its own particular facts I consider that the appropriate sentence in the present case is a custodial sentence.

You will go to gaol for four months.

Dated the 23rd day of February 2005

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
Judge