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Republic v Bwebwereiti [2008] KIHC 13; Criminal Case 22 of 2007 (27 February 2008)

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

High Court Criminal Case 22 of 2007

The Republic

v

Toiaaba Bwebwereiti

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Jane Fiske

Date of Hearing: 25 February 2008

SENTENCE

Toiaaba Bwebwereiti: you have pleaded guilty to house breaking with intent to commit a felony and to indecent assault.

It happened between 3 and 4 am on 6 March 2007. The victim, a girl of 13 was sleeping with her parents and other members of the family in their house in Betio. She felt you putting your leg on top of her and holding her. She freed herself. You held her from behind and rubbed her breast. She got away from you. Woke her parents. Her father turned on the light. You were lying naked.

You had been drinking since the morning of the previous day. You were drunk. You say you do not know how you got where you were. You apologized.

You must have entered the house through an unlocked door. I doubt if there were any breaking.

You are 32 years old, unmarried living with your parents and sister who has a 2 year old child whom you support by fishing for sea cucumber and selling it to restaurants. You say you have not had any alcohol since this happened.

You have no previous convictions and have pleaded guilty as soon as you could. The prosecution waited over eight months before you were charged. These are all in your favour and mean a much lighter penalty than otherwise.

You behaved badly. The young girl must have been very frightened. You violated her and the privacy of the family by going into the house and assaulting her. That you were drunk and say you do not remember anything until you were discovered is no excuse.

I doubt if you are guilty of house breaking. There seems to have been no breaking. You went in through an unlocked door. On this charge you will be convicted without penalty.

Ms Fiske has asked that any sentence of imprisonment be suspended as you are supporting you sister’s little child. Many men who go to gaol must leave a wife and family without their support. Your sentence will not be suspended.

For indecent assault you will be imprisoned for four months to run from last Monday 25 February when you went into custody.

Dated the 27th day of February 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice