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Republic v Reetan [2010] KIHC 65; Criminal Case 17 of 2010 (18 June 2010)

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


High Court Criminal Case 17 of 2010


THE REPUBLIC


V


BAKATI REETAN


For the Republic: Ms Tewiia Tawita
For the Accused: Ms Maere Kirata


Date of Hearing: 14 June 2010


SENTENCE


Bakati Reetan: you have been found guilty of attempted rape: a crime which has a maximum penalty of seven years’ imprisonment.


You are 25 years old, unmarried, live at home with your family. Ms Kirata tells me you have been working at CPPL and have been the only member of the family working. Ms Kirata also said you really thought the victim was consenting. I found that beyond reasonable doubt she was not consenting and I cannot believe that you did not know that. If it had not been for the police coming at the moment they did, almost certainly you would have had intercourse with her. It was an attempt close to succeeding. There is no question of suspending the sentence of imprisonment as Ms Kirata asked.


In 2008 you were sentenced to 16 months’ imprisonment. You and another man had been found guilty of indecent assault. This is your second conviction for a sexual offence. I ignore your other conviction which is for a driving offence.


This was a serious crime and a second offence for a crime of a sexual nature and must mean quite a severe sentence.


You are sentenced to four years’ imprisonment to date from last Wednesday, 16 June.


Dated the 18th day of June 2010


THE HON ROBIN MILLHOUSE QC
Chief Justice


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