Republic v Biribo [2015] KIHC 63; Criminal Case 61 of 2012 (5 August 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 61 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

RUTIA BIRIBO
ACCUSED

Before: The Hon Justice Vincent Zehurikize

5 August 2015

Mr Taburuea Rubetaake for Prosecutor
Mr Aretaake Ientaake for Accused

SENTENCE

Zehurikize, J: I have considered submissions by both Counsel. The convict is a first offender who has pleaded guilty and saved the Court's time and scarce resources. He has saved the prosecution the rigours of prosecution of a case which is as old as four years.

The circumstances of the case are that both the victim and the convict were drunk. This is not to say that this state of affairs was a justification for rape. But it shows the influencing circumstances of these people in an isolated place at such an early hour of the day.

The convict is said to be having family responsibilities. Taking into account all the circumstances of the case and doing the best I can I sentence the convict to a term of three years' imprisonment.

The right of appeal explained.

Dated the 5th day of August 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge