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Republic v Teitikai [2010] KIHC 96; CRC 28 of 2010 (18 October 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

Held at Betio
Republic of Kiribati

High Court Criminal Case 28 of 2010

THE REPUBLIC

V

KAIKAI TEITIKAI

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Taburuea Rubetaake

Date of Hearing: 18 October 2010

SENTENCE

Kaikai Teitikai: you have pleaded guilty to rape and to incest. The victim was your sister. You are in your early 30's. Your sister a little older. At the time you both were living with your father. You had spent a good part of your life away from your parents and living with relatives at Tabiteuea. You had returned to your real family on Kuria. Mr Rubetaake has submitted that you committed these offences for two reasons. First because on the night it happened you were very drunk. When you sobered you realized how badly you had acted. Secondly because, having lived away from them for so long, it did not feel as though you belonged to your biological family.

The offences were committed one night. You woke your sister, by force, had intercourse with her. Once on the beach and a second time in her sleeping hut later the same night.

The rape was a serious crime and made worse because the victim made it quite plain she did not consent – quite the opposite – to what you were doing.

You have no previous convictions and have pleaded guilty. These things are in your favour and mean a lesser penalty than otherwise. I also take into account in your favour Mr Rubetaake's submissions for you.

Even taking into account the previous good record and the plea of guilty in your favour what you did was so seriously wrong as to require a substantial term of imprisonment. For rape you will be imprisoned for five years: for incest you will be imprisoned for three years. As the offences were committed at the same time the sentences will be served concurrently. That means a total period of imprisonment of five years.

Dated the 19th day of October 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice