Republic v Temakei - Sentence [2006] KIHC 120; 32-06 (30 November 2006)

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

High Court Criminal Case 32 of 2006

THE REPUBLIC

v

WIIRI TEMAKEI

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

Date of Hearing: 28 November 2006

SENTENCE

Wiiri Temakei: you have been found guilty of defilement of a girl between 13 and 15 years of age.

You and she eloped and spent a night together. She was 14 years and 3 months old at the time and you were 17.

Your home island is TabSouth. You are not at school but look after your grand parents. You have been in custody for six weeks awaiting trial since I revoked your bail on 10 October because you did not come to court when you should have.

Defilement can be a most serious crime. You have committed the crime but it is at the low end of the scale of seriousness. There was only three years difference in your ages.

You are sentenced to six months’ imprisonment but the sentence will be suspended if you promise to be of good behaviour for the next 12 months.

If in the next 12 months you do not commit any other offence you will not have to go to gaol for this six months.

If you do commit another offence in the next 12 months you will be punished for it and may also have to serve this six months as well.

Do you understand? Yes.
Do you promise? Yes.

Dated the 30th day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice