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Republic v Henry [2014] KIHC 5; Criminal Case 02 of 2014 (9 April 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 2 OF 2014
Held at Butaritari

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

UATARA HENRY
1ST ACCUSED

BAORO SAMUELU
2ND ACCUSED

TUKAONG ENRE
3RD ACCUSED

MAUNANA TETIKA
4TH ACCUSED

Before: Hon Chief Justice Sir John Muria

7 April 2014

Ms Pauline Beiatau for Prosecutor
Ms Arian Arintetaake for 1ST and 2nd Accused
Ms Fuatino Noa for 3rd & 4th Accused

SENTENCE

Muria CJ: Each one of the four of you had your turn in raping the victim in this case. You were all drunk at the time. I see no reason to differentiate each one of you from the other when considering the sentence to be imposed on you.

You have all committed a serious offence of Rape. You set out deliberately to have sexual intercourse with the victim in turns. Each of you also pleaded guilty to assaulting the victim.

The case law in Kiribati now recognizes that the starting point in sentencing on a guilty plea for rape is one of 5 years imprisonment. From that the Court will then take into account any other mitigating factors.

In your case, you all pleaded guilty, you all readily admitted your guilt to the police at the earliest instance. The victim, being your drinking friend, visited you while you were in custody. You all apologised to the victim when she visited you in custody. You are all young offenders and that these are your first offences.

I accept the fact that you need rehabilitative measures. Unfortunately there is no rehabilitative facility available. I also accept the suggestion that to put you in an adult prison would not be appropriate. However, I do not think that community service order is the proper sentence in this case. Custodial sentence is the appropriate sentence.

Taking all that had been said on your behalf and doing the best I can in the circumstances, I feel the appropriate sentences are as follows:

First Accused, Uatara Henry:

Count 1 (Rape) 18 months imprisonment

Count 2 (Common Assault) 6 months imprisonment

Second Accused, Baoro Samuelu:

Count 1 (Rape) 18 months imprisonment

Count 2 (Common Assault) 6 months imprisonment

Third Accused, Tukaong Enre:

Count 1 (Rape) 18 months imprisonment

Count 2 (Common Assault) 6 months imprisonment

Fourth Accused, Maunana Tetika:

Count 1 (Rape) 18 months imprisonment

Count 2 (Common Assault) 6 months imprisonment

All sentences are to be served concurrently.

Dated the 9th day of April 2014

SIR JOHN MURIA
Chief Justice