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Republic v Uriam [2008] KIHC 21; Criminal Case 27 of 2008 (24 July 2008)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 27 of 2008

The Republic

v

Aremira Uriam

For the Republic: Ms Tumai Timeon
For the Accused: Mr Raweita Beniata

Date of Hearing: 21 July 2008

SENTENCE

Aremira Uriam: you have pleaded guilty to indecent assault. According to the prosecutor (and your lawyer did not query the facts) you touched the breasts of a girl of 13 or 14 while she was sleeping. She pushed you away. You are related, members of the same family and were sleeping in the same house. The girl’s father is dead: she looked up to you as her uncle.

Every indecent assault is serious but this act is less serious than some others. In sentencing you I shall take that into account. I shall also take into account in your favour that you have no relevant previous convictions and pleaded guilty as soon as you had the opportunity. These things mean a lesser penalty than otherwise.

You are 44 years old and have a wife and four children. You live a subsistence life style. Your wife has had a stroke and cannot use her right hand properly. She is dependent on you to do many tasks which she could do for herself if it were not for her handicap.

Mr Beniata asked that, particularly because of your wife’s disability I should suspend the sentence of imprisonment. I do not feel able to do that.

You are sentenced to four month’s imprisonment, the term to begin from 21 July when you went into custody.

Dated the 24th day of July 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice