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Republic v Kaintoka [2003] KIHC 129; Criminal Case 40 of 2003 (30 October 2003)

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

Criminal Case No. 40 of 2003

THE REPUBLIC

vs

TEKAURIRI KAINTOKA

For the Republic: Mr David Lambourne
For the Accused: Ms Jacqueline Huston

Date of Hearing: 30 October 2003

SENTENCE

Tekauriri Kaintoka: you have pleaded guilty to rape. On 31 May 2002 you raped a 15 year old girl on the islet of Tabiang at the northern tip of Tabiteuea, North Tarawa.

You admit you were drunk but knew what you were doing. The girl and her young brother were collecting pandanus leaves. You grabbed her by the hair, punched her in the face and by threatening her with the use of a knife walked her to the islet. You forced her to take off her clothes and forced her to have intercourse. This hurt her: it was painful. You said you were taking her to your aunt's house. Her relatives found her and you ran away.

What you did has affected the girl seriously: she was very distressed and now fears that she will not marry as you have taken away her virginity. It was a bad crime for which you should be severely punished: made the worse because you were on bail at the time on charges arising out of similar conduct ten months earlier. You were tried on those charges a month after committing this crime and convicted of unlawful wounding and other offences. I take into account and not in your favour that this was the second time you had behaved in much the same bad way.

You pleaded guilty but the Solicitor General told me that the prosecution were not informed until the morning of the trial. Although I take the plea of guilty into account in your favour it will not mean as much of a reduction in penalty as if you had made it known earlier.

You are now 19 years old, unmarried and had lived with your parents in Tabiteuea village. You left school having completed Form I and had no employment.

You will be imprisoned for 6 years and 3 months to run from 4 July since when you have been in custody.

Dated the 30^th day of October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice