Republic v Aiwa [2009] KIHC 57; Criminal Case 31 of 2009 (20 October 2009)

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

HIGH COURT CRIMINAL CASE 31 OF 2009

THE REPUBLIC

V

TAMWABETI AIWA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Abunaba Takabwebwe

Dates of Hearing: 20 October 2009

SENTENCE

Tamwabeti Aiwa: you have pleaded guilty to defilement of a girl of 14. Although there is only one charge against you, through your lawyer you have acknowledged that you had over about five months been having intercourse with her. You say – and the prosecution has agreed to this – that she was not only a willing participant but constantly tempted you by her conduct.

You are 54 years old, married with five children the two youngest of whom are still at school. You are now unemployed but maintain a subsistence life style. Your wife has twice apologized to the girl’s family. From this I assume your wife has forgiven you.

This is your first conviction and you have pleaded guilty. These are in your favour and mean a lesser penalty than otherwise. I also take into account the submissions Ms Takabwebwe has made for you.

Yet your conduct was not good. The law regards as serious misconduct having intercourse with under age girls. They must be protected from themselves even when they are the tempters.

You must be sentenced to a term of imprisonment but the imprisonment will be suspended if you promise to be of good behaviour for the next two years.

The term of imprisonment is 18 months but if you will make this promise you will not have to serve this term.

If you do not commit any other offence in the next two years you will not have to go to gaol. If you do commit another offence you will be punished for it and also will be liable to serve this 18 months’ imprisonment as well.

Do you understand that? Yes.
Do you agree to keep out of trouble for the next two years? Yes.

THE HON ROBIN MILLHOUSE QC
Chief Justice