Republic v Moulongo [2013] KIHC 20; Criminal Case 5-12 (17 May 2013)

IN THE HIGH COURT OF KIRIBATI 2013

CRIMINAL CASE NO. 5 OF 2012

BETWEEN

[THE REPUBLIC
PROSECUTOR

AND

KATANGAUA MOULONGO
ACCUSED

Before: Hon Chief Justice Sir John Muria

17 May 2013

Ms Tewiia Tawita for Prosecution
Ms Andrea Hadaway for Accused

SENTENCE

You pleaded guilty to one count of Indecent Assault and one count of Criminal Trespass. Your guilty pleas saved the victim of the trauma of having to testify in Court.

The Court takes into account your guilty pleas in your favour.

You are a young, active member of your Youth Group. I trust that you will continue to do so. This is your first brush with the law. You have indicated your willingness to undergo the AA programme to help rehabilitate yourself. The Court will take this into account in the sentence it imposes on you.

Your case is serious because you violated a very young person. She was only 10 years old. You were 19 years old.

I hope you will realize that your conduct is not acceptable in the community and that you will learn your lesson.

Taking into account all that had been ably said on your behalf by your Counsel, I feel an imprisonment sentence is inevitable. However, the circumstances of your case justify in having you not served your sentence.

The sentence of the Court is 18 months' imprisonment on Count 1 for Indecent Assault and two months for Criminal Trespass. Both sentences are to run concurrently and they are both suspended for one year on the condition that you be of good behaviour. This sentence will also enable you to undergo the AA programme to help you become a good citizen of the country.

SENTENCE: Count 1 18 months' imprisonment
Count 2: 2 months' imprisonment
Sentences are concurrent
Both sentences are suspended for 1 year on good behaviour

Dated the 24th day of May 2013

SIR JOHN MURIA
Chief Justice