Republic v Ueanna [2010] KIHC 98; CRC 36 of 2010 (18 October 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

Held at Betio
Republic of Kiribati

High Court Criminal Case 36 of 2010

THE REPUBLIC

V

MARAE UEANNA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Raweita Beniata

Date of Hearing: 18 October 2010

SENTENCE

Marae Ueanna: you have pleaded guilty to raping a woman on 24 April 2009. It was at night. She got off the bus at Teaoraereke meaning to pick up some clothes from her house and catch another bus to go to Bikenibeu. You spoke to her. She tried to discourage you and went into a house waiting for you to go away. You did not go away but waited until she came out and then caught up with her. She tried to get away from you. You grabbed her hand with one of yours and put the other over her mouth. You dragged her to a dark place where there were bushes. She was frightened and gave in to you. You undressed her, made her lie down, got on top, inserted your penis into her vagina. She tricked you into allowing her to escape, almost naked, to the house of Nei Tareti.

You are 23 years old and the only child of your parents still at home to look after them. You had been drinking fermented yeast on this day and were drunk when you raped this lady.

This is your first offence and you have pleaded guilty. These things are in your favour and mean a less severe sentence than otherwise. Yet what you did was very bad, a serious crime of rape. You used a good deal of force to make the victim submit. You must serve a substantial term of imprisonment. You will be imprisoned for five years to run from 15 October when you went into custody.

Dated the 19th day of October 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice