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Republic v Kaimanga [2004] KIHC 140; Criminal Case 33 of 2004 (15 June 2004)

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

High Court Criminal Case No. 33 of 2004

THE REPUBLIC

vs

TAWAI KAIMANGA

For the Republic: Mr Birima'aka Tekanene
For the Accused: Ms Taoing Taoaba

Date of Hearing: 14 June 2004

SENTENCE

Tawai Kaimanga: you were charged with attempted rape but when the young lady did not give evidence to support that charge, the prosecution sensibly accepted your plea of guilty to common assault.

It happened on Wednesday 17 March. Between seven and eight in the evening you met the victim, a cousin of yours, on the roadside at Antenon. You dragged her by her hair into a bush. You hit her on the back of the neck and bit her on the arm. She was frightened and resisted. She called out for help. When people came you were restrained.

You had been drinking sour toddy during the day and were drunk but Ms Taoaba said, knew what you were doing. You believed the victim had been going about with men and she should not have been. You intended to explain that to her. That is your excuse for the assault. You yourself have been given a hiding by your uncle for doing this. You have since apologized to the victim.

You are 20 and unemployed. This is your first offence. You pleaded guilty when you could. It was a silly thing to do: a nasty assault for which you should go to gaol.

You are sentenced to two months' imprisonment. The sentence will run from 25 May when you went into custody.

Dated the 15^th day of June 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice