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Republic v Dongibir [2009] NRSC 7; Criminal Case 6 of 2009 (2 April 2009)

IN THE SUPREME COURT OF NAURU

Criminal Case No. 6/2009.

Between:

The Republic of Nauru
Complainant

And:

Rhudi Dongibir
Defendant

Date; 02 April, 2009.

Mr. Paul Bannister for the Republic of Nauru
Mr. Rueben Kun for the accused.

SENTENCING REMARKS

Rhudi Dongibir:

You have been convicted of 3 offences-entering a dwelling house with intent, rape and assault occasioning actual bodily harm.

The facts are in my judgment convicting you. In summary, you went uninvited into this house, had intercourse with this lady without her consent and assaulted her in the process. Very bad conduct deserving severe punishment.

You already have several convictions including one of being upon a dwelling house without lawful excuse and two of entering a dwelling house without lawful excuse. You seem to have been treated very leniently for these offences

Mr. Kun has suggested that the original reason you went into the house was to steal but you saw the lady sleeping and fell for the temptation. I do not accept the submission.

I remembering your saying in your Record of Interview that you "went there to see a Kiribatian lady."

For entering a dwelling house with intent you will be imprisoned for four years to run from last twenty-fourth November when you went into custody.

For rape you will be imprisoned for seven years to run from today and be served concurrently with the balance of the sentence for entering.

For the assault you will be imprisoned for eighteen months to be served from today, concurrently with the sentence for rape.

That makes a total period of imprisonment of seven years four months one week and two days.

HON. ROBIN MILLHOUSE
CHIEF JUSTICE