Republic v Naare [2010] KIHC 48; Criminal Case 12 of 2010 (28 April 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

High Court Criminal Case 12 of 2010

HELD AT BETIO
REPUBLIC OF KIRIBATI

THE REPUBLIC

V

ROBWATI NAARE

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

Date of Hearing: 26 April 2010

SENTENCE

Robwati Naare: You have pleaded guilty to four counts of rape and four counts of incest. They represent a course of conduct towards your 13 or 14 year old daughter between the months of December 2009 and March 2010.

You are 46 years old, married and have three children, a daughter and twins, a girl (the victim) and a boy. You have been living a subsistence life style. The victim had for most of her life been raised by another family on Kiritimati Island. She came back to live with you and her mother, your wife, last December. Thereafter whenever you had the opportunity you forced the girl to have intercourse with you. She submitted through fear. It only ceased when you were caught in the act by a neighbour.

You have pleaded guilty at the first opportunity. You have no previous convictions. These things are in your favour and mean a less severe penalty. I take into account Ms Takabwebwe’s submissions. I also remember the victim had lived away from you and this may have affected to an extent your feelings as a father towards her. Yet what you did was shameful and very wrong and must be severely punished.

On each count of rape you are sentenced to seven years’ imprisonment. On each count of incest you are sentenced to three years’ imprisonment. As all were part of a course of conduct the sentences will be served concurrently and date from 30 March when you went into custody.

Dated the 28th day of April 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice