Republic v Tanea [2012] KIHC 7; Criminal Case 2 of 2011 (19 March 2012)

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

HIGH COURT CRIM CASE 2 OF 2011

BETWEEN:

THE REPUBLIC
PROSECUTOR

AND:

TABORA TANEA
ACCUSED

FOR PROSECUTOR: TEWIA TAWITA
FOR ACCUSED: NANCY WALKER
Date of Hearing: 12 & 19 March 2012

SENTENCE

The accused, Tabora Tanea, was originally charged with two counts:

Count 1: Defilement of a girl between 13 and 15 years of age contrary to section 135(a) of the Penal Code, and

Count 2: Indecent Assault contrary to section 133(1) of the Penal Code.

On the 12 March 2012, count 1 was withdrawn because of the time limitation imposed by section 135(2) of the Penal Code. The accused was then left with Count 2 only. The accused then pleaded GUILTY to this count, Indecent Assault. The hearing was then adjourned to the 19 March for Counsels' submissions.

On the 19 March both Counsels made their oral submissions. Prosecution submitted that the indecency committed was a very serious one on the scale and that the accused deserves some terms of imprisonment.

From the agreed fact, some of the indecency acts committed were as follows;

-kissing the victim,

-sucking the victim's nipples, and

-having sexual intercourse with the victim.

Counsel for the accused argued strongly that the accused be given a lesser penalty. She presented to the Court mitigating factors. Some of these factors were as follows:

- Admitting to having sexual intercourse with the victim at the earliest opportunity,
- Pleading guilty at the earliest opportunity,
- Accused has shown remorse,
- First offender,
- Accused is of good character after the incident.

I take these factors into account in the accused favour. They mean a lesser sentence. I therefore sentence the accused to 6 months imprisonment.

Counsel for the accused asked that the Court suspend the sentence. I must say that this is not proper in this kind of case. What you did was far too serious. The community should be warned from doing the same kind of thing as you did, especially against young vulnerable girls like the victim in this case. You will be imprisoned for 6 months starting immediately.

Dated 20th April 2012.

TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT