Republic v Kariba [2010] KIHC 90; Criminal Case 19 of 2010 (12 October 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO

High Court Criminal Case 19 of 2010

THE REPUBLIC

V

REITIATA KARIBA

For the Republic: Ms Tewiia Tawita
For the Accused: Mr Mantaia Kaongotao

Date of Hearing: 6 October 2010

SENTENCE

Reitiata Kariba: you have been found guilty, after a trial, of two counts of attempted rape, two counts of indecent assault and two counts of common assault.

What you did was seriously wrong and cannot be excused. The facts are in my judgment convicting you.

The only things in your favour are first, that you have no previous convictions. As you were only 14 when this happened that does not have much weight as you would have not had much time to commit offences. Secondly, rather more strongly in your favour, is your age. The younger a person is when he commits a crime the more a court will take his age into account in his favour. I do take your age into account but completely reject Mr Kaongotao's submission that you were too physically immature to be able to penetrate the girl's vagina. You are physically mature and would have been so last November. Far more likely is that you were so drunk as to affect your capacity. Which is what you yourself said.

Mr Kaongotao in his submissions suggested that the other boy Neville led you into this. I do not accept the submission. On your own you dragged this girl away and left Neville with the other girl.

You are the youngest of eight children and the only one, Mr Kaongotao said, to have reached secondary school. The family is relying on you later to help support them. He asked that your schooling not be interrupted by a sentence of imprisonment.

Yet what you did was so serious that you must spend time in prison. If young men are caught behaving in the bad way you did, they must know they will be severely punished and likely to go to gaol.

On each count of attempted rape you will be imprisoned for 18 months, on each count of common assault you will be imprisoned for two months. As the indecent assaults were in the course of your attempting rape there will be no separate penalty: you are convicted without penalty of the indecent assaults.

All the offences were part of one course of conduct and the penalties will be served concurrently. That means a total term of imprisonment of 18 months from 6 October when you went into custody.

Dated the 12th day of October 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice