Republic v Tebebee [2015] KIHC 70; Criminal Case 3 of 2015 (9 October 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 3 OF 2015

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

MAEAO TEBEBEE
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

9 October 2015

Ms Pauline Beiatau for Prosecutor
Mr Kiatoa Iaoniman for the Accused

RULING ON SENTENCE

Zehurikize, J: The accused was originally charged with four different offences namely Rape contrary to section 129 of the Penal Code, in Count II it was Indecent Assault contrary to section 133(1), Wrongful Confinement contrary to section 249 and Abduction contrary to section 131 all of the Penal Code.

But by the amendment dated 7 October 2015 he remained charged with Rape contrary to section 129 of the Penal Code.

When the case came up for hearing the accused pleaded guilty. The facts briefly revealed that the accused met the victim Temwemweiti Matang on the way. She was with a young boy whom the accused sent away. He then forced her into sexual intercourse.

She managed to run away from him. The accused ran after her and again forced her into sex for the second time. He later took her to his house and again forced her into sex for the third time.

I have considered submissions by Ms Beiatau for the Republic and Mr Iaoniman for the convict. In particular I take note that the convict is a first offender who has pleaded guilty thereby saving the Court's time and scarce resources. Most likely he is repentant.

But on the other hand he committed a serious offence by repeatedly raping the victim three times in succession and in one chain of transaction. This was merciless given the fact that the victim was only 15 years old and was related to him as her uncle.

In these circumstances and considering the fact that the convict was under the influence of alcohol and bearing in mind the case of Attorney General v TanreTengke Appeal No. 7/2004 which was cited to me by Counsel for the Republic and doing the best I can I sentence the convict to a term of five years' imprisonment.

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge