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Republic v Teingira [2009] KIHC 44; Criminal Case 16 of 2009 (2 October 2009)

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


HIGH COURT CRIMINAL CASE 16 OF 2009


THE REPUBLIC


V


IOTAAKE TEINGIRA


For the Republic: Ms Tewia Tawita
For the Accused: Ms Abunaba Takabwebwe


Dates of Hearing: 2 October 2009


SENTENCE


Iotaake Teingira: you have pleaded guilty to indecent assault on your 17 year old step daughter. In the night when she was sleeping on a buia with her 6 month old son, you standing by the buia felt under the mosquito net, first touched her vagina, then put your fingers inside it. Your excuse for this bad conduct is that you thought you were feeling your wife who also slept on the buia. By your plea of guilty to indecent assault I must assume that that excuse is not true.


You have no previous convictions and have pleaded guilty. It was a late plea – indeed the day after the date fixed for trial. You had jumped bail by breaking your bail conditions and were not brought before the Court until yesterday. You will have a reduction in penalty as this is your first conviction and some but not much for pleading guilty: if you had pleaded earlier you would have had a much greater reduction.


You are 42 years old: you have a wife and four young children and support the family in living a subsistence life style. In your favour is that you are now in peace with the victim and the family. In confirmation of this you say you jumped bail to go back to Marakei where you live and the offence occurred to look after a sick child.


You are sentenced to three months’ imprisonment to run from yesterday, 1 October.


THE HON ROBIN MILLHOUSE QC
Chief Justice


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