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Republic v Kobaua - sentence [2002] KIHC 65; Criminal Case 43 of 2001 (24 May 2002)

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

High Court Criminal Case 43 of 2001

THE REPUBLIC

vs

TABERAUA KOBAUA

For the Republic: Mr Tion Nabau
For the Accused: Ms Taoing Taoaba

Date of Hearing: 21 May 2002

SENTENCE

Taberaua Kobaua: you have been found Guilty of rape. The facts are in my reasons for convicting you. In brief, you set upon a woman twice your own age – you in your early 20’s and she in her 40’s – in the middle of the night when the victim was walking home from work. You had intercourse with her twice without her consent until you were interrupted. You had used force against her. The evidence shews that you were encouraging other young men to gang rape her.

You were working that night as a stevedore and it occurred during a break from midnight to half past one. Ms Taoaba says that you had been drinking beer.

You are now 22, married with a child. You lost your job as a stevedore when you wee charged with this crime. You have been living a subsistence life style and supporting an extended family. You have no previous convictions. I take these things and all Ms Taoaba said for you into account.

Nevertheless you have committed a serious crime against a defenceless woman in the middle of the night. You must go to gaol for a good long time.

You will be imprisoned for six years. You have been in custody since last Tuesday, 21 May and the sentence will run from then.

Dated the 24^th day of May 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE