Republic v Tiare - Sentence [2006] KIHC 110; 24-06 (30 October 2006)

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

High Court Criminal Case No. 24 of 2006

THE REPUBLIC

v

NABAUA TIARE

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Stephen Earle

Date of Hearing: 26 October 2006

SENTENCE

Nabaua Tiare: you have pleaded guilty to buggery.

It happened about 8 am. You had been drinking since the day before and by then you were drinking sour toddy in the bushes. A group of young children came by. You called them over. It is not clear on what I have been told whether the group moved on to play on the beach or whether one or some of them were called home by their mother. What is clear is that the victim, a little boy of five, stayed behind with you. By the time he was missed and a search found him with you, you had had anal intercourse with him. You were seen lying on your back with your long pants open. He had his shorts on but they were blood stained and there was blood on the ground. He was taken down to the beach and washed. The next day he saw the doctor. There was injury to the anus which the doctor concluded was caused by forceful penetration with an object which could have been a penis. When questioned you admitted what you had done.

Anal intercourse is a crime with a maximum penalty of 14 years’ imprisonment. What you did was not only a crime by law it was morally a dreadful thing to do to a little boy. He could scarcely have known what was happening, let alone have resisted you.

You are 24 years old, not married, and live with your family. Your parents and grand parents made separate apologies and, Mr Earle told me, the apologies were accepted. Your family has a business selling paintings and other things. To make up for what you did you gave paintings to the boy’s parents. I accept that you felt remorse. Thankfully there has been no suggestion that the little boy has suffered any permanent injury.

Apart from remorse there are two other things in your favour. First, you confessed immediately and pleaded guilty as soon as you could. Secondly this is your first offence. These mean a significantly less penalty than otherwise.

Yet what you did was so serious that you must serve a term of imprisonment.

You will be imprisoned for 18 months to date from last Wednesday, 25th October when you went into custody.

Dated the 30th day of October 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice