Republic v Bwebwereiti [2014] KIHC 36; Criminal Case 53 of 2011 (5 September 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 53 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

MOANIBA BWEBWEREITI
ACCUSED

Before: Hon Chief Justice Sir John Muria

5 September 2014

Ms Pauline Beiatau for Prosecutor
Ms Fuatino Noa for Accused

REASONS FOR SENTENCE

Muria CJ: You have pleaded guilty to one count of Indecent Assault. Prosecution has submitted that this is a serious case that warrants not only custodial sentence but that some deterrent measure be reflected in the sentence to be imposed on you. The Prosecution has also submitted that you have previous convictions for the same kind of offence in the past for which you have been sentenced to one year.

Your Counsel has submitted strongly that despite what you did this case is a case that warrants suspension of any custodial sentence to be imposed on you. So I have to decide firstly whether custodial sentence is necessary in this case, and if it is not necessary then I can consider whether it should be some other penalty or not. If I decide that custodial sentence is necessary then the next question is whether it should be suspended or not, and if I decide that it should be suspended I also have to decide whether it should be suspended in full or in part. If I decide that there would be no suspension I have to decide what is the shortest possible sentence I can impose on you.

I am thinking that I should give you a sharp, short sentence if you are a first offender. In your case you have already had the taste of imprisonment so the short sharp sentence would not be appropriate for you. The Court of Appeal has laid down in Uriano's case (2013) KICA 1 of 2013 that the starting point for an indecent assault is 2½ years' imprisonment. From there the Court is to take into account the mitigating factors as well as any aggravating features of the case. I agree with the Republic that in your case there must be some measure of deterrence reflected in the sentence to be imposed on you.

Your Counsel has firmly asked the Court to take into account the fact that you have pleaded guilty. The Court will do that. That greatly reduces the sentence that would have been imposed on you.

Taking into account all that has been said by the Prosecution and on your behalf by your Counsel, I do not think that this is an appropriate case for a suspended sentence. Giving you the starting point of 2½ years, I deduct for your credit your guilty plea, but I think the circumstances of this case will also warrant that despite the guilty plea you will have to serve a sentence of at least more than one year. The appropriate sentence in this case is one of 18 months' imprisonment.

Sentence of the Court is 1½ years' imprisonment to be served commencing on 2nd of September 2014.

Dated the 5th day of September 2014

SIR JOHN MURIA
Chief Justice