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Republic v Riaka [2010] KIHC 150; High Court Criminal Case 43 of 2010 (6 December 2010)

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

High Court Criminal Case 43 of 2010

The Republic

v

Waibenua Riaka

For the Republic: Ms Tewia Tawita
For the Accused: Mr Taburuea Rubetaake

Date of Hearing: 6 December 2010

SENTENCE

Waibenua Riaka: you have pleaded guilty to three charges – rape on 3 January 2010 and abduction on 3 February, in the alternative abduction of a girl under 13 on 3 February. The same victim in January and in February, a girl of 16 whom you knew quite well as you and she were members of the same social group. You were good friends.

On 3 January in the early evening you took the girl to drink kaokioki. She became drunk. You took her to your kiakia. She went to sleep. When she woke up you were already having intercourse with her. She did not consent and tried to resist you but you kept on until you had climaxed.

A month later about 11pm when you were drunk you dragged her by the hair to the cemetery at Temakin. Her father came looking for her. You ran away.

You have one previous conviction for under age drinking in 2005. You are now in your early 20s. I ignore this conviction in fixing penalty.

When all this had happened your natural parents came from Nikunau. They have apologized to the girl's parents.

In your favour is that you have pleaded guilty to all charges. That means a lesser penalty than otherwise. Yet what you did both in January and in February was very bad: worse in January: rape is one of the most serious crimes. As for February I shall sentence you for the crime of abduction and not impose penalty for the alternative of abduction of a girl under 18.

For rape you will be imprisoned for four years. For abduction you will be imprisoned for one year. As the incidents were a month apart I cannot make the sentences concurrent. They will be served cumulatively making a total of five years' imprisonment. To run from 3 December when you went into custody.

Dated the 8th day of December 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice