Republic v Tebuke [2008] KIHC 31; Criminal Case 30 of 2008 (14 August 2008)

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

High Court Criminal Case 30 of 2008

The Republic

v

Teikori Tebuke

For the Republic: Ms Pauline Beiatau & Ms Taira Timeon
For the Accused: Mr Giles O’Brien-Hartcher

Date of Hearing: 6 August 2008

SENTENCE

Teikori Tebuke: you have pleaded guilty to two counts of indecent assault committed in the second half of 2006. You were born in 1980 and must have been 26 at the time. The victim, your cousin and living in the care of your mother, could have been only 12 or 13.

Twice while she was sleeping under a mosquito net you went in to her. The first time you touched her vagina: she slapped you: you went away. The second time you inserted your penis between her legs and climaxed. These, especially the second were serious violations of the victim.

That you have no previous convictions and pleaded guilty are in your favour and mean a less heavy penalty than otherwise.

Aggravating circumstances of the offences are that you and the victim are related and you are so much older than she is.

You are not married and live with your parents. You reached Class 9 at school. You have been employed by Pacific Occidental delivering cargo and, your lawyer says, will lose your job if you go to gaol.

Mr O’Brien-Hartcher asked that any term of imprisonment be suspended. These offences were committed nearly two years ago now. You had never been in trouble with the law before and have not been in trouble since. You looked hard for a job and will lose it if you go to gaol. You have had an experience already of being in gaol, as you have been on remand since 6 August.

Ms Timeon submitted that you should serve a term of imprisonment: it should not be suspended.

On the first count of indecent assault you are sentenced to six months’ imprisonment: on the second count you are sentenced to nine months’ imprisonment: the terms to be served concurrently.

I am influenced to suspend the terms of imprisonment not only by Mr O’Brien-Hartcher’s submissions but also by the fact that it is about two years ago that you did these things. Yet it was not until last May that you were charged. Far too long a delay.

The terms of imprisonment will be suspended if you will promise to be of good behaviour for the next two years.

That means that if you do not commit another offence within the next two years you will not have to serve this nine months in gaol. If however, you do commit some crime in that time you will be liable to be punished for it and also to go to gaol for this nine months as well.

Do you understand? Yes.
Do you promise? Yes.

Dated the 14th day of August 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice