Republic v Bwebwereiti [2011] KIHC 21; Criminal Case 67 of 2010 (24 June 2011)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

Republic of Kiribati
Held at Betio

High Court Criminal Case 67 of 2010

The Republic

v

Moaniba Bwebwereiti

BEFORE: HON SIR JOHN MURIA CJ

Ms Pauline Beiatau for the Republic
Ms Elsie Karakaua for the Accused

Date of Hearing: 24 June 2011

SENTENCE

The accused pleaded guilty to three offences – (1) Entering a dwelling house at night with intent to commit a felony, (2) Indecent Assault, (3) Criminal Trespass. The offences were committed on 21 February 2010.

The accused was arrested immediately and gave his statement to the police in which he admitted the offences. Despite the admission by the accused, he was not charged until November 2010. Even after he was formally charged he maintained his admission of committing the offences. Before this Court he pleaded guilty to all the charges, consistent with his admission in his caution statement given to the Police when he was first arrested.

It must be stated that when an accused person makes an admission or has accepted the fact that he has committed an offence for which he was arrested and that admission is contained in his statement under caution to the police, it is incumbent on the prosecution to bring the accused to the Court without undue delay.

I accept the seriousness of the offences committed by the accused in the present case, as submitted by Ms Beiatau of Counsel for the prosecution. There are two aggravating factors in this case. First, entering a house at night and secondly, victim is only 11 years old. The public's interest demands that those who intrude into a person's dwelling at night when he/she is resting peacefully, and tampering with a child of tender years, deserve to be severely punished. That is why a custodial sentence is appropriate for these types of offences.

Ms Karakaua, in mitigation submitted that the offences, although serious, merit suspended sentences. This counsel suggests, because the accused pleaded guilty to all charges, not only to the Court, but in his admission in his statement to the police after he was arrested in February 2010.

The accused has apologized to one of the victim's relatives, but not to the victim because of fear of being assaulted or the like.

Counsel for the accused did not deny that the offences merit custodial sentences, rather Counsel seeks to have the sentences suspended.

I take into account all that had been ably put to the Court by Counsel on behalf of the accused. The nature of the offences committed and the manner in which they were committed, clearly merit custodial sentences to be imposed in this case.

If the accused had been brought to Court without delay I would have no hesitation in ensuring that the custodial sentences which I am about to pass be served in prison. The circumstances in this case, however, clearly favour that the sentence be suspended.

Count 1 8 months' imprisonment
Count 2 12 months' imprisonment
Count 3 4 months' imprisonment

The sentences are concurrent and suspended for 12 months from today's date.

Dated the 24th day of June 2011

SIR JOHN MURIA
Chief Justice