Republic v Adam [2008] NRSC 16; Criminal Case No 3 of 2008 (19 December 2008)

IN THE SUPREME COURT OF NAURU

Criminal Case No. 3/2008

THE REPUBLIC

V.

DANIEL ADAM

Mr. Paul Bannister for the Republic of Nauru
Mr. Pres Nimes for the Accused

Date of Hearing: 19 December, 2008

SENTENCING REMARKS

Daniel Adam you have pleaded guilty to rape. The incident was on the 24th November, 2007 when you were on bail awaiting trial on another charge. You were sentenced for it after you committed this crime. . I do not have regard to that sentencing in sentencing you today.

About 9.00 O’clock in the morning at the Aiwo Primary School you persuaded the victim, a young girl of 16 – a relative of yours – to get into your vehicle and go with you. You said you would go to where your wife was staying, to pick up your daughter but you drove past there to Capelle’s. You parked behind Capelle’s but when the girl refused to get out to go shopping you drove on again and up to the topside where you stopped. In spite of the girl’s pleas and resistance you forced your penis into her vagina. You finished and drove down again telling her not to say anything about what had happened. She did though: immediately told the father, notified the police and was examined at the hospital. The examination showed she was not used to intercourse. She says she was a virgin. That makes of what you did to her the more serious. It has much reduced her enjoyment of life.

You were nearly twenty-three at the time of the crime. You were married with a young daughter.

You have pleaded guilty. This means a shorter term of imprisonment than otherwise. Nevertheless rape is a serious, terrible crime and must mean a term of imprisonment.

You are sentenced to four years imprisonment. The term will date from the 7th of September 2008 since when you have been in custody on this charge waiting for trial.

Robin Millhouse QC
CHIEF JUSTICE