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Republic v Kooki - sentence [2001] KIHC 69; Criminal Case 06 of 2001 (18 December 2001)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case 6 of 2001

THE REPUBLIC

vs

MAAMAN KOOKI

For the Republic: Mr Tion Nabau
For the Accused: Ms Emma Hibling

Date of Hearing: 3 & 4 December 2001

JUDGMENT

Maaman Kooki: you have been found guilty of defilement of a girl between 13 and 15. That is an offence which carries a maximum penalty of five years' imprisonment. It happened in April last year. You are now 27, she is 15: at the time she was only 13. The facts are in my reasons for convicting you.

You are married and have two young children. Your wife has recently gone to Banaba taking the younger child with her. You expect her to return. You are looking after the elder child with the help of family.

You have been a seaman and at the time were working for Kiribati Shipping. You were suspended from your job when you were charged.

Ms Hibling asked me to suspend any sentence of imprisonment. She referred me to the decision of Lambourne C in Republic vs Teingoa Titoka (Criminal Case 4/99). The distinction between that case and this is that in Teingoa's case the couple intended to have a permanent relationship whereas here you were just having casual sex.

Ms Hibling has told me you were drunk and careless: you did not think of a young girl being late at night in such a place as you found her. Yet young people do silly things and this girl did a silly thing. You should have realized that at the time.

What you did was serious and deserves a term of imprisonment. I sentence you to six months in gaol.

You have no previous convictions and, that being so, I think I am justified in suspending that sentence of imprisonment. I shall suspend it provided that you do not, within two years from today, commit any other offence punishable by imprisonment. In other words, for the next two years you must keep out of serious trouble with the law. If you do keep out of trouble you will not have to serve this term of imprisonment. If you do get into trouble in the next two years then you may have to serve this term as well as be punished for any other offence. Do you understand?

Dated the 18th day of December 2001

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE