Republic v Maere [2009] KIHC 62; Criminal Case 14 of 2009 (29 October 2009)

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

HIGH COURT CRIMINAL CASE 14 OF 2009

THE REPUBLIC

V

UTIATA MAERE

For the Republic: Ms Ereta Bruce
For the Accused: Mr Raweita Beniata

Dates of Hearing: 29 October 2009

SENTENCE

Utiata Maere: you have pleaded guilty to five counts of indecent assault. At the time, in 2008, you were 23 and the girl was 11. You say that she consented at least to some of the indecencies. She was so young it does not matter whether she consented or not, you should not have done it.

I take into account what Mr Beniata has said for you. Particularly that you have a physical handicap and are a bit backward mentally.

Also in your favour is that these are your first convictions and that you have pleaded guilty. You pleaded guilty only as your trial was to begin: this was very late. You will get some reduction in sentence for the plea but it cannot be much.

To interfere sexually with a young girl is very seriously wrong – and you did it many times more than once. Men must be deterred from doing what you did and see that they will be punished if they do.

It was a course of conduct. Some of the things you did were more serious than others but I shall sentence you to the same penalty on each count and make the sentences to be served concurrently.

Mr Beniata asked that I suspend the sentence of imprisonment. I cannot do that. What you did was too serious.

On each count you are sentenced to nine months’ imprisonment. The sentences are to be served concurrently and to run from last Tuesday 27 October when you went into custody.

THE HON ROBIN MILLHOUSE QC
Chief Justice