Republic v Kaotinteun [2010] KIHC 64; Criminal Case 16 of 2010 (14 June 2010)

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

High Court Criminal Case 16 of 2010

THE REPUBLIC

V

KABIRIERA KAOTINTEUN

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

Date of Hearing: 14 June 2010

SENTENCE

Kabiriera Kaotinteun: you have pleaded guilty to rape. The victim was a 15 year old girl whom you already knew well, whom you say you loved and with whom you wanted to settle. It seems that she did not feel the same about you as you felt about her: certainly not to the point of having intercourse with you.

It happened at Temanokunuea village on Butaritari during the evening of the last 4th April. At your invitation the girl went with you. The victim became alarmed by what you said to her and tried to run away. You stopped her and dragged her to an empty house where you forced yourself on her and had intercourse. She struggled and got away. Went to relatives and complained.

When questioned you immediately admitted what you had done.
Ms Karakaua told me that you and your family have tried to apologize to the victim’s family but they have refused to accept the apology.
Ms Karakaua said it is the victim’s family and not the victim herself who has hard feelings towards you. Ms Karakaua has said you were drunk at the time you committed the offence.

You are 21 years old and have been the man of the family since your father’s imprisonment in 2005. You have no previous convictions and you have pleaded guilty. That you have no previous convictions and pleaded guilty mean a lesser term of imprisonment than otherwise. Nevertheless you must serve a substantial time in gaol. Rape is regarded as one of the most serious crimes. You are sentenced to three years and nine months’ imprisonment.

Dated the 16th day of June 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice