Republic v Matakite [2012] KIHC 33; Criminal Case 21 of 2011 (30 July 2012)

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

HIGH COURT CRIM CASE 21 OF 2011

BETWEEN:

THE REPUBLIC
PROSECUTOR

AND:

TIITO MATAKITE
ACCUSED

FOR PROSECUTOR: TABURUEA RUBETAAKE
FOR ACCUSED: ARIAN ARINTETAAKE
Date of Hearing: 29 May & 23 July 2012

SENTENCE

Tiito Matakite, you have been found guilty of Attempted Rape and Common Assault. Attempted Rape attracts a penalty of 7 years imprisonment and Common Assault of 6 months imprisonment. The facts are in my judgment and I shall not repeat them.

Prosecution raised several aggravating factors to be considered against you. These are as follows;

• Degree of preparation and planning involved on your part for the commitment of these offences; in that you made sure that the victim's husband was away before you commit the offence.
  
• Degree of physical and mental harm inflicted on the victim; in that you had used physical force and violence when trying to rape the victim, she felt frightened and in fear of what will happened to her.
  
• Breaching of trust; the victim trusted you as your family and her family are tied families, she referred you as a brother, she allowed you to sleep at her place and she even helped you with your mat and pillow but you abused that trust.
  
• Deliberation on your part to commit the offence; in that you made sure that the victim's husband was away before you commit the offence, you lured Maryanne to assist you with the spreading of the mat and to give you the pillow, and that was when you pulled her towards you and started to force her to have sexual intercourse with you.
  
• Prevalence of the offence, you had committed several offences before, some of which were very serious offences. The latest and most serious offence you had committed was in 2001, where you were given 9 years imprisonment for attempted murder and 3 years for attempted rape. It was only a few months after your release from prison when you committed the same offence again, attempted rape.
  

I was told by your lawyer that you are 30 years of age, married and has a 3 year old son. You are the only bread winner of the family and that they would suffer a lot when we send you into prison. You had never breached any conditions of your bail. Your lawyer also requested a lenient penalty to be imposed on you.

The prosecution referred this Court to two cases and the penalties imposed. These cases have been a helpful guide. I know in principle that each case has to be decided on its own fact. The prosecution asked for a custodial sentence based on the principles of retribution and deterrence. From what I was told, I cannot find any mitigating factors in your favour. I sympathise with your young family when we send you into prison but the offence of Attempted Rape is a serious crime that warrants custodial sentence. I therefore sentence you to 3 years imprisonment for Attempted Rape and 3 months for Common Assault. As the crimes were all part of the same course of conduct they will be served concurrently from the date when you first went into custody, the 23rd July.

Dated 30th July 2012.

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TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT