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Republic v Matakite - sentence [2002] KIHC 62; Criminal Case 19 of 2000 (22 May 2002)

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

High Court Criminal Case 19 of 2000

THE REPUBLIC

vs

TIITO MATAKITE

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

Date of Hearing: 13 May 2002

SENTENCE

Tiito Matakite: you have been convicted of four crimes committed during the evening of 13 January 2000 against the same victim, a girl then 18 years old. You were 19 or 20. The Court convicted you of attempted murder and of attempted rape: you pleaded Guilty to disabling in order to commit felony and causing grievous harm.

The facts are in my Reasons for convicting you of attempted murder and attempted rape. In brief you tried by the most awful violence to force the victim, who had been your girl friend at school, to have sexual intercourse with you. When she continued to resist, you said you would kill her and you cut her throat twice. She nearly died and has spent two years having treatment here in New Zealand. She is lucky to be alive but her voice has been affected: it is an effort for her to talk: she wears a band round her neck, I expect to hide scars. She will carry the effects of your savage treatment for life.

You are now 22, have been married and divorced. You have no children.

I accept that you were drunk, having that afternoon been drinking yeast mixed with sugar and water. That may explain why you acted as you did but it certainly does not excuse you.

Ms Hibling said that your relatives apologized to the family of the victim and the apology was accepted. That is a good custom in Kiribati but it cannot reduce the sentence which you deserve. Nor does the sadness which Ms Hibling says you now feel.

You have two previous convictions but they are minor compared to these crimes and I disregard them.

I shall sentence you for each crime but make the sentences concurrent. I shall take into account that you pleaded Guilty to disabling and causing grievous harm. Because you pleaded Guilty to these charges the terms of imprisonment will be less than otherwise.

For attempted murder you will be imprisoned for 9 years.

For disabling in order to commit a felony for 7 years

For causing grievous harm for 3½ years

For attempted rape for 3 years

The sentences are concurrent. You should serve 9 years in total in gaol. You have already been in custody since 9 June 2001 waiting to be tried. Taking that into account, the 9 years will run from that day.

Dated the 22^nd day of May 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE