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Republic v Tooke [2010] KIHC 149; High Court Criminal Case 46 of 2009 (16 November 2010)

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

High Court Criminal Case 46 of 2009

The Republic

v

Beiaata Tooke

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Daniel Webb

Date of Hearing: 16 November 2010

SENTENCE

Beiaata Tooke: you have pleaded guilty to rape and assault causing actual bodily harm.

It happened in June 2009 somewhere about midnight. The victim had been sitting with friends. When you came there she willingly went off with you. Mr Webb said you were drunk. You assaulted her, pulling her hair and dragging her between two containers. She shouted for help. You went on assaulting her until she became unconscious. She regained consciousness some hours later. She immediately went to the police in Betio and the same day went to the hospital. The medical report shews quite serious injuries and that she had been sexually assaulted.

You have admitted raping her. It was a serious assault as well. Mr Webb has been frank in acknowledging how badly you have acted. He has said how remorseful you are. He said you were drunk and this was unpremeditated.

You were 20 years old at the time. You were married with a small child. Because of this your wife left you taking the child with her. You have lived a subsistence lifestyle providing for the family. Your father is paralyzed from the waist down. You share in the family responsibility of looking after him. The victim is now again living in the same house with you. She has accepted your apology. For some unexplained reason the police did not submit the file to the Attorney General until July of this year and it was 15 months before you were charged: far too long a delay.

You have pleaded guilty and these are your first offences. That means a less severe sentence than otherwise. I also take into account in your favour all Mr Webb's submissions.

Yet what you did was very bad: rape, always a serious crime, made worse by your assault on the victim and raping her after making her unconscious. A terrible thing to do.

For the assault you are sentenced to three years' imprisonment and for rape to six years' imprisonment. The two crimes were part of the same course of conduct and the sentences of imprisonment will be served concurrently. They will run from 29 October when you went into custody.

Dated the 17th day of November 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice