Republic v Tebiria [2015] KIHC 9; Criminal Case 25 of 2013 (20 March 2015)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL CASE NO. 25 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

BWATIATA TEBIRIA
ACCUSED

Before: The Hon Justice Vincent Zehurikize

19 March 2015

Mr Taburuea Rubetaake for Prosecutor
Mr Aretaake Ientaake for Accused

RULING ON SENTENCE

Zehurikize, J: The convict pleaded guilty to two counts of Indecent Assault contrary to section 133(1) of the Penal Code, after amending the charges of Defilement contrary to section 134(1) of the Penal Code.

I have considered submissions by both Counsel and in particular the fact that the convict is a first offender who has pleaded guilty thereby saving the Court's time and resources. He appears a man of advanced age and said to be 63 years old. The State says that they would not press for a custodial sentence.

That being the case and taking into account all the circumstances of the case I sentence the convict to a term of two years' imprisonment but suspended for four years on account of good behaviour. If in the four years from today the convict commits any other offence he will have to serve the sentence hereinabove imposed in addition to any other sentence that will be imposed.

Dated the 20th day of March 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge