Republic v Benetito [2009] KIHC 6; Criminal Case 74 of 2008 (2 March 2009)

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

High Court Criminal Case 74 of 2008

The Republic

v

Tekaie Benetito

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Raweita Beniata

Dates of Hearing: 20 February 2009

SENTENCE

Tekaie Benetito: you have pleaded guilty to three counts of defilement of a girl between 13 and 15 years old. At the time of the offences you were just 16. She was under 15 and you say you did not know it was legally wrong to have sex with her at that age. She was your girl friend and willingly had sex with you. Mr Beniata says you are still good friends and she even asked the prosecution not to go on with the charges. Your family has apologized to the girl’s family and the apology has been accepted. You are very sorry to have done wrong.

It happened at Tabiang village on Abemama where you lived. You are now living on South Tarawa and going to St Louis High School where you are in Form V. You go home for school holidays.

This is your first offence and you have pleaded guilty. These mean that you will receive a less severe penalty than otherwise.

You are sentenced to six months’ imprisonment on each count, the terms to be served concurrently but the sentences will be suspended if you promise to be of good behaviour for the next two years.

If you do not commit another offence in the next two years you will not have to go to gaol to serve this six months.

If you were to commit another offence in the next two years you would be punished for it and also have to go to gaol for this six months as well.

Do you understand? Yes.
Do you promise to behave yourself for the next two years? Yes.

Dated the 2nd day of March 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice