Republic v Founuku [2010] KIHC 75; Criminal Case 24 of 2010 (7 July 2010)

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

High Court Criminal Case 24 of 2010

THE REPUBLIC

V

TIMEA FOUNUKU

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

Date of Hearing: 7 July 2010

SENTENCE

Timea Founuku: You have pleaded guilty to indecent assault. Early one morning last December when you were drunk you went into the house of a neighbour. You and your family knew the victim's family well. The neighbours were asleep. You put your hand on the victim's stomach, a lady of 25 and down to her vagina: put your fingers inside. At first she thought it was her husband. She realized it was not and brushed your hand away. You did it again, putting your hand on her vagina. This made it quite a serious indecent assault. That you were drunk makes no difference. It may be the reason you did it but it is no excuse.

You are 15 years old and go to school at TUC 1 JSS at Bikenibeu. This is your first offence and you have pleaded guilty. Those things mean a lesser penalty than otherwise. Ms Karakaua told me your parents have apologized, the apology has been accepted and there is no bad feeling between the families.

Perhaps, but this was a serious assault and you deserve to go to gaol for it. Everyone and certainly young men must know that if they get drunk and do things like this they are likely to go to gaol.

You will be imprisoned for four months to run from last Monday when you went into custody.

Dated the 7th day of July 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice