Republic v Tamwaiti [2009] KIHC 2; Criminal Case 1 of 2009 (30 January 2009)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case 1 of 2009

The Republic

v

Iete Tamwaiti

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Botika Maitinnara

Dates of Hearing: 26 January 2009

SENTENCE

Iete Tamwaiti: you have pleaded guilty to indecent assault. One morning between 8 o’clock and 9 o’clock a young lady – a married woman – wrapped in a lavalava was returning to a house with water for her bath. You took advantage of her and squeezed her breasts.

You are only 16 years old and still at school, Form IV at William Goward. Yet you had been drinking all the night before and say you were so drunk you do not remember what you did.

You should be ashamed of yourself, both for violating this young lady and for drinking yourself into such a condition that you would do it. You would be wise to give up drinking or it may get you into even worse trouble next time.

Not surprisingly at your age this is your first conviction and you have pleaded guilty. These things mean a lesser penalty than otherwise.

You are sentenced to three months’ imprisonment. The term will be suspended if you will promise to be of good behaviour for two years. If you do not commit another crime within the next two years you will not have to serve this three months in prison. If you do commit another offence in that time you will be punished for it and also be liable to serve this three months as well.

Do you understand that? Yes.
Do you promise to behave? Yes.

Dated the 30th day of January 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice