Republic v Tokori [2005] KIHC 4; Criminal Case 70 of 2004 (8 February 2005)

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

High Court Criminal Case No. 70 of 2004

THE REPUBLIC

vs

BAITEKE TOKORI

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Botika Maitinnara

Date of Hearing: 7 February 2005

SENTENCE

Baiteke Tokori: you have pleaded guilty to indecent assault. One evening in August last year you were at a store at Bikenibeu. A young girl of 14, in her first year at JSS was standing next to you at the counter. You lent over and touched her on the right breast. She bushed you away and you threatened to stab her. She was very upset and went home crying. You say that you were drunk.

Some time afterwards you went with the catechist and apologized. Ms Maitinnara says you have been on good terms with her family since then. It was both a silly and an unpleasant thing to do: the more so as the victim was a girl of 14.

You are 27, married with four children. You live a subsistence life-style.

This is not your first offence. You have a conviction for damaging property in 1998 for which you went to gaol for three months, a conviction for criminal trespass in 1999 for which you got nine months as well as fines for escaping from lawful custody in 1999 and drunk and disorderly in 2001. Ms Maitinnara asked for a suspended sentence but a sentence is not often suspended when a person already has a record of offending. I do, however, take into account – and this is in your favour – that this is your first offence of a sexual nature.

I also take into account that you have pleaded guilty. So you will receive a lighter penalty than you otherwise would have.

You are imprisoned for two months from yesterday when you should have gone into custody.

Dated the 8th day of February 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice