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Republic v Smith [2003] KIHC 36; Criminal Case 03 of 2003 (16 March 2003)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Case No. 3 of 2003

THE REPUBLIC

vs

BEIA SMITH

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Taoing Taoaba

Date of Hearing: 14 March 2003

SENTENCE

Beia Smith: you have pleaded guilty to two counts of the defilement of a girl of 13. That is an offence with a maximum penalty of 5 years' imprisonment.

You are a married man in your early 30s. On 17 July last year you picked up in a car from school the girl, who was your sister-in-law, the younger sister of your wife. She had been staying with you and you became fond of each other. You drove to the power house and collected a friend. The three of you drove to a lonely place. Your friend left you and the girl there and went off in the car. You and the girl had intercourse. You were discovered after two days.

Ms Taoaba says you thought you were doing no wrong as the girl was consenting. In law that is no excuse. It does not matter whether a young girl consents or not. A man is still not allowed to have intercourse with her. What you did was a crime and wrong and disloyal to your wife. You and your wife are still together. You both went and apologised to the girl's – and your wife's – parents and the apology was accepted.

You are not employed. I take into account that this is your first offence and that you pleaded guilty. A person who pleads guilty is punished less severely than if he had denied the offence but been convicted.

Ms Taoaba conceded that I should sentence you to a time in gaol but asked that I should suspend the sentence. Ms Beiatau prosecuting did not oppose that.

You are sentenced to six months' imprisonment but the imprisonment is suspended if you promise to be of good behaviour for 12 months from today.

That means if you do not commit any other offence in the next 12 months you will not go to gaol. If you do come before the court again for something else in the next 12 months you will be punished for whatever else it is you have done wrong and may go to gaol to serve this six months as well.

Do you understand that?

Do you agree to behave in the next 12 months?

Dated the 16^th day of March 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE