Republic v Tetaua - sentence [2006] KIHC 43; Criminal Case 53 of 2005 (1 March 2006)

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

High Court Criminal Case No. 53 of 2005

THE REPUBLIC

vs

RITATE TETAUA

For the Republic: Ms Olga Guillen
For the Accused: Mr Glenn Boswell

Date of Hearing: 1 March 2006

SENTENCE

Ritate Tetaua: you have pleaded guilty to attempted rape, abduction and indecent assault.

You did what you have done again and again, enticed a young child away and tried to have sex with her. There is no point in my going over the facts. I wish there were some effective medical or psychiatric treatment for you but I do not know of any in Kiribati.

You are serving at present two sentences – life imprisonment for murder in 1989 and a five year sentence for crimes similar to these.

You are, whether you can help it or not, a danger to the community and should not be in the community.

I accept that this time you have pleaded guilty, but your situation is exceptional and I am not able to give you any credit for your pleas of guilty. The safety particularly of little girls is a consideration which outweighs the general rule of a reduction in sentence for a plea of guilty. You should remain in custody indefinitely.

For attempted rape you will be imprisoned for seven years, for abduction you will be imprisoned for seven years and indecent assault five years.

As the crimes were all part of the same course of conduct they will be served concurrently. They will commence on the expiry of the sentence of five years you are now serving.

Dated the 1^st day of March 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice