Republic v Atera - Sentence [2006] KIHC 84; 19-06 (9 June 2006)

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

High Court Criminal Case No. 19 of 2006

THE REPUBLIC

v

TEBEIA ATERA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 5 June 2006

SENTENCE

Tebeia Atera: you have been found guilty of indecent assault. Very early one morning you went, by mistake, into a house and saw a 12-year old girl asleep there. She was alone. You fell for the temptation. You got down next to her and put your legs over her body. Whether you touched her private parts or not, as she says you did, I am not sure. In sentencing you I shall assume that all you did was to put your legs over her. It was bad enough, apart from any indecency, still very serious, an invasion of privacy.

The little girl was terrified. You were interrupted when her mother came back from the beach. The father chased you and you were beaten up. The report from the hospital shews your face was a mess and there were injuries to other parts of your body as well. You say you were very drunk: had been drinking for two days. Mr Amten says you have since given up drinking.

You are 34, married, with two children. Since this happened you have established a small business on Maiana but go fishing as well. In your absence your wife is looking after the store.

In your favour is that this is your first conviction for an offence. I also take into account in fixing penalty that the father punished you immediately for the wrong you had done, the violation of his young daughter.

What you did was so serious as to mean a term of imprisonment. Mr Amten suggested it be suspended but there is no justification for that.

You will be imprisoned for nine months. The sentence will run from last Monday, 5 June when you went into custody.

Dated the 9th day of June 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice