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Republic v Mariano - Sentence [2006] KIHC 104; 25-06 (1 September 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 25 of 2006

THE REPUBLIC

v

TERAOI MARIANO

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Karotu Tiba

Date of Hearing: 1 September 2006

SENTENCE

Teraoi Mariano: you have pleaded guilty to indecent assault. About 12 months ago one morning, in the maneaba next to the Bairiki tennis courts you indecently assaulted a little girl aged five. She and a little boy had been playing on the courts. You called them over. Asked the little girl whether she was a girl or a boy. To prove it you asked her to pull down her pants so that you could check her private parts. She did and you touched her vagina. Mr Tiba in his submissions for you said that you asked the little boy the same questions and although you felt him through his pants you have not been charged in relation to the boy. A man saw what you were doing, took the little girl from you and you to the police station.

You say that what you were doing was a game. If so, it was a bad game and should not have been played. You had been drinking sour toddy before this happened.

It was fortunate that the man stopped you when he did, even though he punched you and you lost a front tooth.

You are 47 years old, say you are married with two children but separated from your wife. You live a subsistence lifestyle. Ms Iteraera challenged some of the submissions Mr Tiba made but in fixing penalty those things - where you live, whether you are married, that the apology you offered the families was not accepted - those things do not matter.

More important, Ms Iteraera stressed that this was the violation of an innocent child.

You have seven previous convictions and have been sentenced six times to imprisonment the longest term being seven months. None of the offences was of a sexual nature but that you have been imprisoned so many times is something I must take into account.

In your favour is that you have pleaded guilty. That will mean a shorter sentence than otherwise.

Your home island is either Abemama or Marakei. You asked that the Court regard Abemama as your home island. At the completion of your sentence you will be returned to Abemama and must stay there for at least one year.

You are sentenced to nine months’ imprisonment. The term will begin from last Monday, 28 August when you went into custody.

Dated the 1st day of September 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice