Republic v Taberuru [2014] KIHC 20; Criminal Case 47.2011 (23 June 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 47 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

AUKITINO TABERURU
ACCUSED

Before: Hon Chief Justice Sir John Muria

23 June 2014

Ms Pauline Beiatau for Prosecutor
Ms Fuatino Noa for Accused

SENTENCE

Muria CJ: The accused had pleaded guilty to one count of Indecent Assault committed upon his 16 year old daughter. Although the prosecution has brought only one charge of Indecent Assault against the accused, the Court cannot overlook the fact that the accused agreed that he indecently assaulted his daughter over 10 times between the month of January and December 2009.

This is a serious case of indecent assault. It is aggravated by the fact that the victim is the accused's own 16 year old daughter and indecently assaulted over 10 times. This is also a serious case of breach of trust by the father who is supposed to take care of his child, not to molest her. The victim in this case is the accused's own daughter. I agree with Ms Beiatau that this case merits custodial sentence. The only question is how long?

I take into account on the accused's behalf, his plea of guilty which greatly reduced the sentence to be imposed on him. I take into account also the fact that this is his first offence. I bear in mind also the cases referred to both Counsel. They are helpful. But of course, each case depends on its own facts.

Having taken all that have ably been put to the Court by Ms Noa of Counsel for the accused and bearing in mind the particular facts of this case, I feel the appropriate sentence in this case is one of 2 ½ years imprisonment with effect from today.

SENTENCE: 2½ years Imprisonment for Indecent Assault of daughter.

Dated the 23rd day of June 2014

SIR JOHN MURIA
Chief Justice