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Republic v Kauea [2009] KIHC 18; Criminal Case 12 of 2009 (19 May 2009)

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

High Court Criminal Case 12 of 2009

The Republic

v

Tioti Kauea

For the Republic: Ms Tewia Tawita
For the Accused: Mr Banuera Berina

Dates of Hearing: 18 May 2009

SENTENCE

Tioti Kauea: you have been charged with indecent assault. When you were arraigned before the trial began you pleaded not guilty. After the prosecutor’s opening and before the young girl, now aged 12, the victim, began her evidence you asked to be arraigned again and pleaded guilty. Mr Berina said you changed your plea to save the girl having to give evidence.

It was a late change of plea. You will not get as much reduction in penalty as if you had pleaded guilty earlier but you will still get some reduction. Also I take into account in your favour that this is the first time you have been in trouble with the law.

Between 7 pm and 8 pm last 19 September on Onotoa you persuaded the girl to go with you on a bike. She agreed reluctantly. While you were donkeying her you took your right hand off the handbar and touched the victim’s under arm and then her breast. She was angry and scared. She told her mother about it when she went home.

This was an indecent assault but, although serious and a most silly thing to do, not nearly as serious as many indecent assaults. The prosecutor in asking that you be severely punished, has reminded me of the surrounding circumstances: that you deliberately took the girl when she was on her way home. I certainly take into account the circumstances in which you committed the offence but it was not the most serious assault and you are charged only with indecent assault, nothing more.

You are 32 years old, married with two young daughters. You are the provider for the family. At the time you were an Island Project Officer on Onotoa. You are now stationed on Marakei, away from the girl and her family. You continue as a Project Officer and are also chairman in the community of Marakei Island Council employees.

Mr Berina says you hope not to lose your job over this but would if you were to go to gaol. He asked that any term of imprisonment be suspended. Ms Tawita has opposed suspension.

You should not have the severe penalty of losing a good job because of one very silly action.

You are sentenced to four months’ imprisonment but the term will be suspended if you will promise to be of good behaviour for the next 12 months.

If you do not commit any other offence in the next 12 months then you will not have to serve this four months in gaol. If you were to commit another offence within 12 months from now you would be liable to be punished for it and also to serve this four months as well.

Do you understand? Yes.
Do you promise to be of good behaviour? Yes.

Dated the 19th day of May 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice