Republic v Bita - Sentence [2006] KIHC 106; 27-06 (4 September 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 27 of 2006

THE REPUBLIC

v

IUTA BITA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 4 September 2006

SENTENCE

Iuta Bita: you have pleaded guilty to rape. In the middle of the day on last 29 April at Ambo you raped a 14-year old, epileptic, mentally retarded girl who is paralyzed down her right side. She was out gathering firewood. You approached her from behind. You had a knife. You laid her down on your lava-lava. You used force to have intercourse with her: she bled a lot. She tried to scream but you put your hand over her mouth. After you climaxed you let her go home. She complained to her father and aunty. She was medically examined the same day.

This was a very serious crime. You have no explanation as to why you did this thing to the girl.

You are 56, have been married but are divorced: you have two children. You cut toddy and are paid for doing it.

You have no previous convictions. You have pleaded guilty, although not as early as you could have. Both are in your favour and mean a lesser sentence than otherwise.

You will be imprisoned for seven years. The term will run from yesterday, 4 September, when you went into custody.

Dated the 5th day of September 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice