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Republic v Tiwirim [2010] KIHC 73; Criminal Case 21 of 2010 (6 July 2010)

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

High Court Criminal Case 21 of 2010

THE REPUBLIC

V

KARAITI TIWIRIM

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Taburuea Rubetaake

Date of Hearing: 29 June 2010

SENTENCE

Karaiti Tiwirim: you pleaded guilty to one count of incest and were found guilty after a trial on four other counts of incest. I can give you little credit for the plea of guilty as it still meant a trial at which your young daughter, only 12 years old, had to give evidence. I do take into account in your favour that these are your first convictions. Yet the crimes you committed were very wrong, cruel and disgusting. You forced your daughter, in 2008 only 10 to allow you to have intercourse with her. She was too terrified of you to tell anyone. She only did tell after the fifth occasion out of fear that you would do it again. Three of the incidents occurred in the first half of 2008, the fourth in the second half of 2009 and the last in the first half of 2010. Even though over a period of two years I regard them as one course of conduct.

You are 35 years of age; according to your counsel living a mixed cash and subsistence life style in Banraeaba village. You have a wife and a 10 year old son. You have been up to now, apparently a good, law abiding member of the community. Yet unknown to others you were doing these terrible things to your daughter.

So that I may set an appropriate non-parole period I sentence you on each count to life imprisonment and set a non-parole period of six years. The terms of imprisonment must obviously be served concurrently and the non-parole is the same on each count.

Dated the 6th day of July 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice