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Republic v Nakuau [2008] KIHC 36; Criminal Case 40 of 2008 (2 September 2008)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 40 of 2008

The Republic

v

Teakai Nakuau

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Karotu Tiba

Date of Hearing: 29 August 2008

SENTENCE

Teakai Nakuau: you have pleaded guilty to incest. At the end of July last year you had intercourse, without her consent, with your 13-year old daughter. It was a most serious crime.

You had taken your wife and youngest daughter to the hospital at Nawerewere. You left them there. You returned home. You say you drank Korean liquor and were drunk. That may explain but not excuse what you did.

According to the facts given to the Court by the prosecutor and which you have admitted you took your eldest daughter to the kiakia, were naked, pulled aside her clothing and inserted your penis into her vagina. She felt great pain and cried out. She bled. Three or four days later your wife saw blood on her underwear and on a towel. What you had done was then made known. You are fortunate you have not been charged with rape as well as incest.

You are 34 years old, live a subsistence lifestyle: have a wife and four daughters.

You have two previous convictions: they must have been minor and are not of relevance. I ignore them for the purposes of penalty. You have pleaded guilty. This is in your favour and means a lesser penalty than otherwise.

Mr Tiba says you have apologized and the apologies accepted. Nevertheless it was a shameful thing to do – a girl of 13 deflowered by her father – and must be severely punished. You are sentenced to four years’ imprisonment to date from 4 August when you went into custody. If it were not for your plea of guilty the term of imprisonment would have been five years.

Dated the 2nd day of September 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice