Republic v Taraia [2005] KIHC 77; 01-05 (16 May 2005)

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

High Court Criminal Case No. 1 of 2005

THE REPUBLIC

vs

TEKAIETI TARAIA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Aomoro Amten

Date of Hearing: 13 May 2005

JUDGMENT

Tekaieti Taraia: you have pleaded guilty to rape. On 1 November last year at Tatabo’s house – and in his presence – in Aontena village on Tabuaeran, you had sexual intercourse with a 27 year old lady while she was asleep. You and she and others had been drinking yeast together for some long time. You left the group. Later others left but the lady stayed and went to sleep. You were drunk. You returned, took off her shorts and underwear and had intercourse with her. She was asleep and knew nothing of it until she woke up and saw her clothes at the end of a stick. This was an added insult from you. She was angry. You had left before the lady woke up. During the act of intercourse Tatabo asked how you could enjoy having intercourse with a sleeping woman. You replied that you had opportunity and the lady hated you.

You are 38 years old, married with four children, three of whom are at school. You live a subsistence life style and are the breadwinner for the family. Mr Amten said you have apologized but the apology was only reluctantly accepted. I cannot give the apology much weight.

In your favour is that you admitted to the police what you had done and have pleaded guilty. You have no previous convictions. The plea of guilty and no convictions mean you will receive a sentence significantly less than you would otherwise have received.

You are sentenced to imprisonment for three years and eight months to date from last Friday when you went into custody.

Dated the 16^th day of May 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice