Republic v Botiambo [2015] KIHC 1; Criminal Case 29 of 2012 (10 February 2015)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL CASE NO. 29 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

KAKIABA BOTIAMBO
ACCUSED

Before: The Hon Justice Vincent Zehurikize

10 February 2015

Mr Taburuea Rubetaake for Prosecutor
Mr Raweita Beniata for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by both Counsel. The convict is a first offender who has pleaded guilty thereby saving the Court's time and scarce resources.

Apparently the convict and the complainant and her husband are relatives. Court is told that since 2013 the parties have reconciled to the extent that the couple and the convict are now staying in the same house.

While the case of Indecent Assault is a serious one but the fact that the parties have reconciled and peacefully staying in the same house, a custodial sentence would only serve to disturb the existing harmony. Consequently and in the circumstances of the case and doing the best I can I sentence the convict to a term of six months' imprisonment but it will be suspended for two years subject to good behaviour. In case he is found guilty for any other offence, he will also have to serve the aforesaid sentence. Order accordingly.

Dated the 10th day of February 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge