Republic v Mataua - Sentence [2018] KIHC 22; Criminal Case 69 of 2017 (22 May 2018)

IN THE HIGH COURT OF KIRIBATI 2018

CRIMINAL CASE NO. 69 OF 2017
(HELD ON KIRITIMATI ISLAND)

[REPUBLIC PROSECUTOR
[
BETWEEN [AND
[
[TAREKA MATAUA ACCUSED

Before: The Hon Chief Justice Sir John Muria

18, 21 & 22 May 2018

Ms Pauline Beiatau for Prosecutor
Mr Reiati Temaua for Accused

SENTENCE

Muria, CJ: The accused has been found guilty on two counts of Defilement of a girl under 13 years contrary to section 134(1) of the Penal Code after a trial. He therefore lost the benefit of a guilty plea.

Ms Beiatau submitted that the offence is a serious offence and one that is prevalent in this island (Kiritimati Island). The Court must take a serious view of this kind of offending.

Counsel suggested that Republic –v- Uriano Arawaia case gives the starting point in this kind of case. It is now accepted that Republic –v- Uriano Arawaia is authority in this jurisdiction on sentencing criteria in defilement under 13 year cases. The starting point is one of five years’ imprisonment.

Mr Temaua, on behalf of the accused, asked the Court to take into account the fact that the accused is a first offender. More particularly, Counsel asked the Court to take into account time already spent in custody since 9 May 2017 by the accused. Counsel suggested that taking into account the starting point of five years, and taking into mitigating factors plus time already spent in custody, the sentence to be imposed on the accused should be one of 1 year 11 months 16 days.

Sentencing is not a mathematical exercise. It is a balancing exercise, in the process of achieving what is just and fair both to the accused and society.

In the present case, taking Republic –v- Arawaia’s baseline of five years, the scale moves up and down depending on the aggravating and mitigating factors.

Taking into account all that has been said on behalf of the prosecution and the accused, and bearing in mind that the accused was found guilty after trial, the appropriate sentence should be one of 4 years and 6 months’ imprisonment.

SENTENCE: 4 years 6 months’ imprisonment effective from the date taken into custody, that is, 9 May 2017.

SIR JOHN MURIA
Chief Justice