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Republic v Tareka [2003] KIHC 90; Criminal Case 24 of 2003 (28 July 2003)

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

Criminal Case No. 24 of 2003

THE REPUBLIC

vs

TAKEBU TAREKA

For the Republic: Ms Melissa Kent
For the Accused: Mr Aomoro Amten

Date of Hearing: 7 July 2003

SENTENCE

Takebu Tareka: you have pleaded guilty to indecent assault on 30 July 2001. You were drunk at the time and say you do not remember what happened. According to the prosecution the victim, a girl of 18, was asleep on a buia: she was fully clothed and covered by a towel: you were beside her, naked: you lay on top of her and tried to touch her breasts: you placed your right hand on her vagina over her clothes. She kicked you: you fell off the buia and ran away.

The indecencies were serious but not the most serious. More serious is that you attacked this young woman during the night in her house.

You are 36 and have a child who lives with your parents on Kiritimati. You are not married. Mr Amten says you are ashamed and apologized not to the victim but to her grandmother. You used no force or violence. You say you have not drunk alcohol since.

In your favour is that you have no convictions relevant to this offence and you have pleaded guilty. You have also been left for nearly two years not knowing whether you would be brought before the court or not. Nevertheless what you did was bad enough to require a sentence of imprisonment. You have been in custody since 7 July: you will be imprisoned for another four months.

The sentence of imprisonment will be suspended on your promise to be of good behaviour for two years from today and promising not to drink any alcohol during that time.

If you do behave yourself during the next two years and do not commit any further offence and if you do not drink alcohol in that time then you will not have to serve this sentence of four months. If you do commit another offence or if you drink alcohol then you will go to gaol for this four months.

Do you understand?

Do you agree?

Dated the 28^th day of July 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE