Republic v Tokiau - Sentence [2006] KIHC 85; 17-06 (20 June 2006)

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

High Court Criminal Case No. 17 of 2006

THE REPUBLIC

v

KAUABANGA TOKIAU

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Taoing Taoaba

Date of Hearing: 7 June 2006

SENTENCE

Kauabanga Tokiau: you have been found guilty of indecent assault. It was a serious indecent assault and if the victim had not realized that you were not her husband would likely have become rape. She realized just in time that you were a stranger. The facts are in my reasons for convicting you.

You are 56 years old. You were a police officer. Your wife lives in America with your eldest daughter. You have two other daughters in Kiribati. You live with one of them and her family.

You blame what you did on drink, saying you do not really recall. It was the first drinking you had done for a long time. You are a practicing Catholic, have confessed and repented.

This is your first offence. That is in your favour in deciding on penalty.

Yet because of the seriousness of what you did, you must serve a substantial term of imprisonment. You will be imprisoned for two years and three months from 7 June when you went into custody.

Dated the 20th day of June 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice