Republic v Ioane [2015] KIHC 5; Criminal Case 35 of 2013 (11 March 2015)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL CASE NO. 35 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TAKURE IOANE
ACCUSED

Before: The Hon Justice Vincent Zehurikize

10 March 2015

Mr Taburuea Rubetaake for Prosecutor
Mr Aretaake Ientaake for Accused

RULING ON SENTENCE

Zehurikize, J: On amended charge the accused was indicted for Indecent Assault contrary to section 133(1) of the Penal Code and in Count II he was charged with Burglary contrary to section 292 of the Penal Code.

On his own plea he was found guilty of the offences on both counts. Thereafter Mr Rubetaake for the State and Mr Ientaake for the accused presented written submissions and made oral highlights.

The gist of Mr Rubetaake's submissions is that the convict should be given a custodial sentence so as to teach a lesson to the convict and the other would be offenders. He cited a number of authorities such as Republic v Bountarawa Aukitino KHC Cr. Case No. 8 of 1996 where the convict was sentenced to three years' imprisonment on each count of Burglary and Indecent Assault. He also cited Republic v Tauati Tiaon KHC Cr. Case No. 19 of 2005 where a sentence of 18 months was imposed for Burglary. Counsel cited several other cases in his written submissions to drive his point home.

On the other hand Counsel for the convict prayed for a suspended sentence and cited several authorities in his written submissions. He emphasised that the convict is a first offender, who pleaded guilty thereby saving the Court's time and limited resources. That he is a student, and a clever one at that, who is in Form IV. That his father, being an elderly man, the convict is the bread earner for the entire family. He explained that the convict, who is a neighbour to the victim, has reconciled with her family, and that moreover the victim is his aunt. The convict is 17 years old.

I have considered submissions by both Counsel and in particular taken into account the fact that the convict is a first offender who pleaded guilty thereby saving the Court's time and scarce resources. He appeared repentent. I have also noted that when he committed the offence the convict was about 14 years old which might explain why he could make sexual advances to his own aunt. But most importantly he is a young man who is at school in Form IV and said to be quite bright. It is not disputed that he is a bread earner for his family being the oldest child.

Considering all the circumstances of the case and doing the best I can I sentence the convict to a term of two years' imprisonment but it will be suspended for two years on account of good conduct of the convict. If he commits any other offence he will be required to serve the sentence herein on top of the sentence that might be imposed in the subsequent conviction.

Dated the 11th day of March 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge