Republic v Teia - Sentence [2006] KIHC 79; 16-06 (17 May 2006)

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

High Court Criminal Case No. 16 of 2006

THE REPUBLIC

v

TIARE TEIA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Karotu Tiba

Date of Hearing: 12 May 2006

SENTENCE

Tiare Teia: you have pleaded guilty to attempted rape at Abatao village on North Tarawa where you live, on or about 2 May 2004. Late one night you met the victim as she was going home after taking her mother to be with relatives. You knew the victim and began chatting. You say you were so drunk you do not know what happened. The prosecutor, Ms Iteraera told me that the victim walked away, you grabbed her and made her go with you to the lagoon side. You told her to take off her shorts. She refused. You tore her shorts, pulled down her pants. She screamed. You grabbed her round the neck, got on top, tried to penetrate with your penis. Someone came along and you ran away.

Mr Tiba told me you are 28, married with two young children. You are not employed. You were drunk when this happened. The next day you went to the victim’s mother to apologise. The apology has been accepted and you are all reconciled. You have not drunk alcohol since. Mr Tiba pointed out that your family will suffer if you go to gaol. He asked that a sentence of imprisonment should be suspended. Ms Iteraera opposed suspension.

In your favour is that you have no previous convictions and you have pleaded guilty at your first arraignment. These things mean a lesser penalty than otherwise.

The incident happened over two years ago. You were not charged until 10 April 2006. Why it took so long to bring you before the court has not been explained. Whatever the explanation you have had for two years the anxiety of what was going to happen. In the meantime you have not offended. That is why I have decided to suspend your sentence of imprisonment.

Attempted rape has a maximum penalty of seven years’ imprisonment. You will be imprisoned for 18 months but the sentence will be suspended if you will promise to be of good behaviour for the next two years.

If you do not commit any other offence within the next two years you will not have to serve this 18 months in prison. If you do commit any other offence in the next two years you will be punished for it and be liable to serve this 18 months as well.

Ko ota? Yes.
Ko tuea? Yes.

Dated the 17th day of May 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice