Republic v Uaititi [2010] KIHC 35; Criminal Case 05 of 2010 (15 March 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

High Court Criminal Case 5 of 2010

HELD AT BETIO
REPUBLIC OF KIRIBATI

THE REPUBLIC

V

TEKIATA UAITITI

For the Republic: Ms Tewia Tawita
For the Accused: Ms Elsie Karakaua

Date of Hearing: 12 March 2010

SENTENCE

Tekiata Uaititi: you have pleaded guilty to indecent assault. Very early on the morning of 12 April last year when you were drunk you got on a buia and under a mosquito net where the victim and her husband were sleeping. You were a friend of the family so perhaps it was not unusual for you to get on the buia but it was quite wrong of you then to suck the lady’s nipple. At first she thought it was her husband but realized it was not. She woke him: he chased you and he and other members of the family gave you a beating.

You are 22 years old, unmarried, living with your parents and working making bricks. Your earnings go in supporting the family and in paying the school fees for your young brother.

You have no previous convictions and pleaded guilty as soon as you could. These things are all in your favour and mean a lighter penalty.

Even more in your favour is that you and your family apologized to the lady and her family and the apologies accepted. The two families are on friendly terms again. The lady even tried to have the charge against you withdrawn: she did not want to go on with the case.

Any indecent assault is serious but your assault was not the most serious.

As Ms Karakaua acknowledged you must be sentenced to a term of imprisonment. The sentence is six months but it will be suspended if you will promise to be of good behavior for the next two years.

If you are not convicted of another offence in the next two years then you will not have to serve this six months in gaol.

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

Ko ota? Eng.
Ko berita? Eng.

Dated the 15th day of March 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice