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Republic v Baraniko - Sentence [2005] KIHC 79; 59-04 (23 May 2005)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD ON KIRITIMATI
IN THE REPUBLIC OF KIRIBATI

High Court Criminal Case No. 59/04

THE REPUBLIC

vs

BUREUA BARANIKO

FOR THE REPUBLIC: Mr B Tekanene
FOR THE ACCUSED: Ms B Maitinnara

DATE OF HEARING: 11 May 2005

SENTENCE

Bureua Baraniko: you have been found guilty of two counts of indecent assault and one count of incest. As I said in my reasons for convicting you, where I have set out the facts, you could have been charged with two counts of incest and one of indecent assault. The victim on all three occasions was your 14 year old daughter.

You are 54 years old. You have seven children, five of whom are still dependent on you. Their mother died several years ago.

You have two previous convictions, in 1975 for common assault and in 1977 for fighting. They are both a long time ago and for offences different from incest and indecent assault. I ignore them in fixing sentence.

The offences occurred in the first two months of 2003 but you were not charged until the end of September 2004: an unreasonably long time – just on 20 months. That must have been a time of anxiety and uncertainty for you. I take that into account in your favour in fixing penalty.

These were most serious offences. The victim was your own daughter. You used at least threats of violence to make her submit.

On count 1 you will be imprisoned for 2½ years

On count 2 you will be imprisoned for 3½ years

On count 3 you will be imprisoned for 2 years

As the three offences were a course of conduct over a few weeks the sentences will be served concurrently from 17 May when you went into custody. That means you are imprisoned for 3½ years starting from 17 May 2005.

Dated the 23^rd day of May 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice