Republic v Kakoroa [2014] KIHC 17; Criminal Case 27.2012 (18 June 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 27 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TERAWATI KAKOROA
ACCUSED

Before: The Hon Justice Vincent Zehurikize

18 June 2014

Ms Tewia Tawita for Prosecutor
Ms Arian Arintetaake for Accused

RULING

Sentence and reasons for it. I have considered submissions by both Counsel and taken into account the uncontested facts of the case. I find that the convict has pleaded guilty thereby saving Court's time and resources.

This conduct in my view indicates that the convict is repentant. He has saved the victim from the rigours of giving evidence assuming she still remembers what happened.

The convict has a family and is an adult of over 50 years. But on the other hand he committed a serious offence carrying a maximum sentence of five years to the prejudice of a child of tender age. She was only three years old. Apparently he was known to the child and he abused his presumed trust. This is a bad act which should be shunned against and frowned upon by any reasonable member of society.

A message must be sent to the community to note that indecently assaulting the girl child is a serious matter which must be condemned.

I have also taken into account the fact that the convict is not a first offender. He has three other previous convictions apparently influenced by drunkenness. It has not been disclosed whether he was drunk on this particular case.

Having considered all the above factors and especially that he has pleaded guilty and doing the best I can I sentence the convict to a term of four months imprisonment. He has the right of appeal to the Court of Appeal against the sentence.

Dated the 18th day of June 2014

THE HON JUSTICE VINCENT ZEHURIKIZE
Judge