Republic v Tekeaa [2006] KIHC 4; Criminal Case 31 of 2005 (6 January 2006)

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

High Court Criminal Case No. 31 of 2005

THE REPUBLIC

vs

BARETOKA TEKEAA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Botika Maitinnara

Date of Hearing: 5 January 2006

SENTENCE

Baretoka Tekeaa: you have pleaded guilty to indecent assault. On 31 May you indecently assaulted your sister-in-law. When she was bending over preparing food you touched her buttocks and told her to smoke your penis.

Ms Maitinnara said you were drunk at the time and did it for a joke. If it was a joke it was a poor one and caused offence.

You apologised to the lady and she has taken the trouble to come to court to say she has accepted the apology: you promised her you would not do it again and you have not. This is the first time I can remember a victim coming to Court in this way. It is much in your favour. She has accepted your apology as genuine. It is also in your favour that you have pleaded guilty.

You have two previous convictions in 1998. They were for an offence of a different kind. I ignore them. You have one subsequent conviction, on 10 June, for drunk and disorderly. I ignore it for the purpose of sentencing but it looks as though you are drinking too much and you would be very wise to stop getting drunk.

You are 38 years old, married with two children. You follow a subsistence lifestyle.

What you did deserves a sentence of imprisonment. You are sentenced to six months’ imprisonment. The term will be suspended on condition that you promise to be of good behaviour for the next 12 months.

This means that if you do not commit any offence in the next 12 months you will not have to serve this six months’ imprisonment.

If you do commit an offence within that time then you will be punished for it and also be liable to serve this six months as well.

Do you understand?
Do you agree?

Dated the 6th day of January 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice