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Republic v Natabu [1997] KIHC 76; CRC 02 of 1997 (26 September 1997)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HCCrC 2/97

THE REPUBLIC

v.

ITAAKA NATABU

Ms P Tebao for the Republic
Mr D Lambourne for the Accused

Date of Hearing: 26 September 1997

SENTENCE

The accused has pleaded guilty to a charge of rape contrary to section 128 of the Penal Code Cap. 67 in that on the 13^th of October 1996 at Tebanga village, Abaiang he had unlawful sexual intercourse with a girl named Taeia Buaurenga without her consent.

The victim was aged only 14 years and was the first cousin of the accused. On the day in question the stepmother of the victim was chasing her with a stick with the intention of beating her. During the chase the stepmother met up with the accused and asked him to take over the chase and bring the victim back to her. The accused caught the victim but instead of taking her back to her stepmother he took hold of her hair and led her to some nearby bushes. The victim, knowing that the accused was her first cousin, did not put up any opposition at that stage because she believed that they were going to hide from the stepmother. However, the accused asked the victim to kiss him and it was at that stage that she reminded him of their blood relationship.

Nevertheless, the accused threatened to punch her unless she did what he told her to do. He slapped her on the face after which he sucked her breasts. He made repeated threats to punch her in the eye if she refused to do what she was told. Despite the threats and despite the fact that she was frightened, the victim refused to remove her pants as ordered by the accused. The accused then punched her hard on the chest and after that, because of her fear and pain, she allowed the accused to pull off her shorts and have intercourse with her even though she still struggled.

It can be seen from those facts that the offence has several aggravating features. The victim was only 14 years of age. She was the first cousin of the accused and it is clear from the facts that because of that close relationship, she initially trusted the accused and went with him. Moreover, the accused used violence over and above the force necessary to commit the rape. He repeatedly threatened the victim, he slapped her cheek and punched her hard on the chest.

I have not heard from the victim nor have I seen any medical evidence which would indicate that the effect on the victim, whether physical or mental, was of special seriousness. However, it is reasonable to assume that what occurred must have been a very distressing experience for her.

In the accused's favour it can be said that he has demonstrated remorse. He pleaded guilty at the earliest opportunity and fully cooperated with the police. He has thus spared the victim the extra stress which giving evidence can cause. He is a 27 year old man with no previous convictions and is married with a child just 1 year old. He comes from Tebanga village, Abaiang where he led a subsistence lifestyle. I am told that he has apologised through his parents to the parents of the victim and that apology was accepted conditional upon the accused never returning to the village. I am aware that if the accused is sent to prison it would involve a certain amount of hardship to his wife and child. I am also aware of the fact that the accused has been humiliated and shunned by his fellow villagers, which has already resulted in some punishment to him.

Taking into account all of those things, there can be no doubt that the only appropriate penalty is one of imprisonment. Accordingly, the accused is convicted and sentenced to imprisonment for a term of 6 years which will commence on the date that he was taken into custody which is 7 March 1997.

THE HON R B LUSSICK
Chief Justice

(26/09/97)