Republic v Tetongaua [2011] KIHC 46; Criminal Case 10 of 2011 (8 December 2011)

IN THE HIGH COURT OF KIRIBATI 2011

CRIMINAL CASE NO. 10 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TEAWATEI TETONGAUA
ACCUSED

Before: Hon Chief Justice Sir John Muria

28 November 2011

Ms Tewia Tawita for Prosecutor
Ms Elsie Karakaua for Accused

SENTENCE

Having heard Counsel for both parties and considering the facts and nature of the offence committed, the sentence of the Court must be one of a custodial one.

The only issue is whether that sentence be suspended or not.

I have taken into consideration the authorities cited by Counsel for prosecution and defendant. I feel that the accused in this case needs to know that tampering with a 13 year old girl is a serious and an unacceptable behaviour. However, the Court sentences you only for the acts that you did.

I feel in the circumstances of this case, the appropriate sentence is one of six months' imprisonment for indecent assault and common assault one month's imprisonment. The Court accepts your Counsel's submission that the sentence be suspended in this case. The sentence is suspended for 12 months on the condition that if you commit any offence at all within the 12 months, you will first be brought back to this Court to be ordered that you serve this sentence for these offences in addition to any other punishment for the offence which you subsequently commit during the suspension period.

SENTENCE: (1) Indecent Assault – 6 months' imprisonment

(2) Common Assault – 1 month concurrent with the six months in count 1

(3) Sentence wholly suspended for 12 months.

Dated the 8th day of December 2011

SIR JOHN MURIA
Chief Justice