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Republic v Kabeia [2003] KIHC 99; Criminal Case 01 of 2003 (18 September 2003)

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

Criminal Case No. 1 of 2003

THE REPUBLIC

vs

TAUAKETIA KABEIA

For the Republic: Ms Melissa Kent
For the Accused: Ms Taoing Taoaba

Date of Hearing: 15 September 2003

SENTENCE

Tauaketia Kabeia: you have pleaded guilty to indecently assaulting your 8-year old niece. Indecent assault has a maximum penalty of five years' imprisonment. It happened in your home village Taungaeaka village on Tabsouth on 24 September 2001. You called the little girl, the daughter of your elder brother, over to your house. She fell asleep next to you and you pulled down her pants. She woke up and saw you naked kneeling at her feet. A neighbour saw what was happening and you stopped. Your intentions are not difficult to guess and you are lucky you were made to stop before you did anything more serious.

You are 43 years old and have never married. Ms Taoaba said you had just come back from seeing your girl friend. You were living a subsistence life style. I take into account in your favour that you pleaded guilty to this offence on 4 July. You have no previous convictions. You must have been reconciled to the girl's family – you say you apologised – as you continued to live in the same village until they came to South Tarawa some months later, leaving in your care their property on Tabsouth. The offence occurred over 15 months before you were charged. I have been told nothing to suggest that the victim has suffered injury either physical or psychological.

What makes the offence more serious, on the other hand, is that the victim was only eight years old and was your own niece. Ms Taoaba hinted at a suspended sentence but I told her that was out of the question. The circumstances of the offence were too serious even though the assault itself was not so serious.

You will be imprisoned for three months, to run from last Monday 15 September, when you were taken into custody.

Dated the 18^th day of September 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice