IN THE HIGH COURT OF KIRIBATI

HCCrC 21/97

THE REPUBLIC

v.

TEARAWANNA TAATAA

(BEFORE THE HON R LUSSICK C.J.)

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

Date of Hearing: 6 June 1997

SENTENCE

The accused has pleaded guilty to a charge of indecent assault on a female contrary to section 133(1) of the Penal Code Cap. 67. The facts are that on the 23rd September 1995 the accused went into the house of the complainant and upon entering went straight to her and touched her two breasts. At the time she was sitting down eating a meal. After the accused had done this, the complainant chased him out of the house.

The maximum penalty for this type of offence is 5 years' imprisonment. However, I quite agree with counsel for the accused that this particular offence would be towards the lower end of the scale for offences of that nature. That is not to say, of course, that the complainant gave the accused any excuse to do what he did. There is nothing to indicate or suggest that she in any way encouraged him or led him to believe that she would not object to what he did. In my view, the complainant is quite entitled to be indignant and offended at the assault of the accused upon her body. It has been explained to me that the accused at the time was drunk and that he did what he did for a joke. The complainant is no stranger to him. They not only live in the same neighbourhood but the complainant is the wife of the accused's cousin.

I accept the explanation given by the accused. He is a 39 year old man who has been married for 19 years. He has 4 children between the ages of 1 year and 18 years. This is his first offence. I am therefore prepared to accept that such an offence is out of character for him. He has shown remorse. I am told that he apologised to the complainant and that that apology was accepted, and of course, he has pleaded guilty at the very first opportunity. It is noted that the offence occurred almost 2 years ago and he has certainly not re-offended since then.

In the circumstances, although this court is not making light of offences of this nature, I am of the view that there is some room for leniency. Accordingly, the accused is convicted and sentenced to 2 months' imprisonment but it is ordered that that sentence shall not take effect unless during a period of 1 year from today the accused commits another offence punishable with imprisonment and thereafter the High Court orders that the original sentence shall take effect.

THE HON R B LUSSICK
Chief Justice
(06/06/97)