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Republic v Nakau - ruling [2004] KIHC 85; Criminal Case 11 of 2004 (3 May 2004)

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

Criminal Case No. 11 of 2004

THE REPUBLIC

vs

NAKATI NAKAU

For the Republic: Ms Pole Tebao
For the Accused: Mr Aomoro Amten

Date of Hearing: 3 May 2004

RULING

At the close of the prosecution case I invited Mr Amten to submit no case to answer. All the victim said was that "he took hold of me and forced me" to go with him into the bushes: he told her that he wanted to have sex with her. There is no evidence at all of any indecent act by him against the woman. It may have been his intention to have sex but it never got further than the intention. No element of indecency has been shewn.

However on second thoughts there is just sufficient evidence of an assault – "he took hold of me" to make out a case of common assault.

I therefore find no case to answer on indecent assault but a case to answer of common assault.

Dated the day of May 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice