Republic v Obwaia [2013] KIHC 15; Criminal Case 22-12 (25 March 2013)

IN THE HIGH COURT OF KIRIBATI 2013

CRIMINAL CASE NO. 22 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

KAITAMA OBWAIA
ACCUSED

Before: Hon Chief Justice Sir John Muria

25 March 2013

Ms Tewia Tawita for Prosecution
Mr Banuera Berina for Accused

JUDGMENT

Muria CJ: Having heard Ms Tawita of Counsel for the prosecution and
Mr Berina of Counsel for the accused, this Court feels that this case merits serious consideration by the Court. This is again another instance of a breach of trust by an accused who is supposed to be a protector, provider and a care-giver of the victim.

On the facts as disclosed and agreed to, I feel a custodial sentence is appropriate in this case. The question is whether it should be served or not.

I accept consent is not a defence in this case, but the first victim's willingness to allow the accused to suck her breast is nevertheless a factor to be noted in view of the fact that the victim is just about 15 years, though not quite, the age of consent.

The accused is a first offender. He pleaded guilty. He saved the victim and the Court from a lengthy hearing.

He made apologies to the victim. He promised never to do what he did again.

The pulling of the second victim's hair, though constituted an assault, to which the accused also pleaded guilty, was really at the lower end of such an offence.

In the circumstances a prison sentence of six months is appropriate. However, the sentence is to be suspended for 12 months on good behaviour conditions.

ORDER: Six months' imprisonment, suspended for 12 months.

Dated the 5th day of April 2013

SIR JOHN MURIA
Chief Justice