Republic v Eebwara - Sentence [2007] KIHC 93; Criminal Case 09 of 2007 (18 May 2007)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 9 of 2007

The Republic

v

Kooka Eebwara

For the Republic: Mr Birimaka Tekanene
For the Accused: Mr Karotu Tiba

Date of Hearing: 15 May 2007

SENTENCE

Kooka Eebwara: you have been found guilty of child stealing, a crime which has a maximum penalty of seven years’ imprisonment. In the early hours of the morning you took a little girl not much more than one year old off a buia where she was sleeping with her grandmother. You had her in bushes when you were disturbed by two of the men with whom you had been drinking during the night and ran away. It was lucky you were disturbed: for the little girl that she was not harmed and for you that you did not have the opportunity to do her harm.

The Solicitor General has argued that I should assume the worst, that you intended to do her harm. I hesitate to do that. In sentencing I should take the view of the facts most favourable to you, not make an assumption against you. Perhaps you did have very bad intentions. On the other hand you had been drinking for hours and I do assume you were drunk: it may be that you took Roonete without having formed an intention to harm her.

There is something not in your favour. In July 2003 you admitted two counts of indecent assault on your 18 year old niece. You were sentenced to a total of 3½ years’ imprisonment. You were out of gaol but on parole when you did this in November 2005. That you committed another crime while on parole for an earlier one makes it much more serious.

You are 34 years old, unmarried. Mr Tiba asked me to treat you leniently because you have medical problems. Apparently the Parole Board did not order your return on release to Tamana, your home island because it was expected you would go to New Zealand for medical treatment. It has not happened. I do not feel able to take into account that maybe you should have medical treatment overseas. That will be a matter for the prison and medical authorities to decide.

You are sentenced to three years’ imprisonment. The term will date from last Tuesday 15 May.

Dated the 18th day of May 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice