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Republic v Ioane [2003] KIHC 105; Criminal Case 05 of 2003 (23 September 2003)

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

Criminal Case No. 5 of 2003

THE REPUBLIC

vs

TEBUTEI IOANE

For the Republic: Ms Pole Tebao
For the Accused: Ms Jacqueline Huston

Date of Hearing: 15 September 2003

SENTENCE

Tebutei Ioane: you have been found guilty of one charge of indecent assault, committed on 27 January 2002 and have pleaded guilty to another on 28 December 2002. The facts of the first incident are in my reasons for convicting you. In a bus you leant forward and squeezed a breast of a married lady sitting in front of you.

In the second incident on a crowded bus you offered to have a little girl of seven sit on your knee. Her family agreed: you put your hand up her shorts and touched and rubbed her vagina. She complained to her father and you were taken to the Betio police station where the father made a complaint against you. In a statement to the police six months later you admitted what you had done and that you were very drunk.

You are 29 years old, single and live with your family in Betio. You worked as a seaman between 1993 and 1995 but were dismissed because you were drinking too much. Ms Huston told me you have not drunk alcohol since May this year. You go to the SDA church in Betio: since you were put in gaol on 7 July you have been going to whichever service is being held.

You have a record of offending going back to November 1997. Most are drink related. The most serious was on 3 February 2000 when you were sent to gaol for three years on two counts of indecent assault. I am told the victims were young girls. You had been out of gaol only a day when you committed the first of these assaults.

These were two separate offences and, although of the same kind must be considered separately. The first one was the less serious: it was an indecent assault but as much an insult to the lady concerned as an assault. You said you did it as a joke. You went to apologize but the lady's husband turned you away from the house. You will be imprisoned for the first indecent assault for four months, to date 7 July.

In your favour on the second assault is that you have pleaded guilty. The little girl did not have to come to court. You admitted when questioned what you had done. The plea of guilty will mean a lesser sentence than otherwise. It was, though, a serious indecent assault. You took the child on your knee apparently as a favour to her family in a crowded bus and abused their trust by interfering with her on her vagina. You will be imprisoned for the second indecent assault for 12 months, to be cumulative on the four months for the 1^st offence.

This makes a total imprisonment of 16 months to run from 7 July.

Dated the 23^rd day of September 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice