Republic v Batinana - sentence [2006] KIHC 47; Criminal Case 50 of 2005 (2 March 2006)

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

High Court Criminal Case No. 50 of 2005

THE REPUBLIC

vs

TAAKORO BATINANA

For the Republic: Ms Olga Guillen
For the Accused: Mr Karotu Tiba

Date of Hearing: 1 March 2006

SENTENCE

Taakoro Batinana: you have pleaded guilty to rape, assault occasioning actual bodily harm and house-breaking and committing a felony.

On the night of 22 September 2005 at Tekaman village at TabNorth you went into a house. A 64-year old lady was sleeping there with her 6-year old grandchild. You grabbed her round the neck as if to strangle her and ignored her pleas to stop. You raped her. For some time she could not speak. A cruel and disgusting thing to do.

You are 26 years old, unmarried and live a subsistence life style. You say that the day before, you had been working in the hot sun and had had some drinks. The next day your parents went to offer an apology to the lady. You have been banished from the village.

That you have no previous convictions and have pleaded guilty means that your sentence of imprisonment will be substantially less than it otherwise would have been.

You are sentenced to five years’ imprisonment for rape, two years for assault occasioning actual bodily harm and for house breaking one year. As the offences were part of the same course of conduct the sentences will be served concurrently and will run from yesterday when you went into custody.

Dated the 2^nd day of March 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice