Republic v Arimaere [2014] KIHC 31; Criminal Case 08.2012 (5 August 2014)

IN THE HIGH COURT OF KIRIBATI 2014
CRIMINAL CASE NO. 8 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TOKITEBWA ARIMAERE
1ST ACCUSED

BUNAUA AREKE
2ND ACCUSED

TIATA TEBANE
3RD ACCUSED

IOANE TAARA
4TH ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

5 August 2014

Ms Pauline Beiatau for Prosecutor
Mr Jessica McLaren for 1st Accused
Ms Fuatino Noa for 2nd Accused
Mr Raweita Beniata for 3rd Accused
Ms Arian Arintetaake for 4th Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by all the counsel in this case and had an opportunity to listen to the victim by virtue of section 269 of the Criminal Procedure Code. It is noteworthy that all the convicts have pleaded guilty thereby saving the Court's time and scarce resources. Secondly, they are first offenders. These are important mitigating factors.

As for the first convict, it appears he offered an apology which was accepted and this explains why the victim is willing to forgive him. Her view that he did not commit the offence is merely her misconception of the law. He committed the offence by assisting the others.

On the other hand the convicts committed a serious offence carrying the maximum sentence of life imprisonment. It was gang rape which should be frowned upon by any society and I believe it is the case here.

According to the decided cases which have been cited to me by Counsel the starting point is five years imprisonment in rape cases. But each case must be considered on its own peculiar facts and circumstances. Thus the sentence can be higher or lower than the five years imprisonment. In the instant case, the victim and the convicts were drink mates as it were. They drank for a considerable period of time before they descended into committing the offence.

Having considered all the circumstances of the case and doing the best I can I will hand out the sentences as follows:

(1) The first convict who offered an apology which was accepted is sentenced to a term of 18 months imprisonment;

(2) The third convict who after the act developed a human heart by escorting the victim to her home is sentenced to a term of two (2) years imprisonment;

(3) The second and fourth convicts each is sentenced to a term of three (3) years imprisonment.

The convicts have the right of appeal to the Court of Appeal within the time provided by law, against severity of sentence.

Dated the 6th day of August 2014

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge