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Republic v Iakoba [2008] KIHC 43; Criminal Case 38 of 2008 (16 September 2008)

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

High Court Criminal Case 38 of 2008

The Republic

v

Bikaneri Iakoba

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Kiata Kabure

Date of Hearing: 16 September 2008

SENTENCE

Bikaneri Iakoba: you did a very bad thing. One night coming home from work after midnight you were drunk. A little girl of eight was asleep in the house. You interfered with her by touching her on the vagina and licking her vagina.

You told her not to tell anyone but she immediately told her mother. The family was very angry and beat you. You are 19 years old, unmarried. You tried to commit suicide but fortunately you were saved. You say you have not drunk since. You have continued to live with the family. You had been working and supporting your grandmother. You have been in custody since 14 August.

This is your first offence and you have pleaded guilty. These things are in your favour and mean a shorter term of imprisonment than otherwise. Yet indecent assault is a serious crime and must be punished. You are sentenced to nine months’ imprisonment.

Ms Kabure has asked that any sentence of imprisonment be suspended. Ms Beiatau has opposed suspension. I have decided to suspend the term of imprisonment because you have continued to live in the same house with the family, have been beaten for what you did and have shewn remorse. The term of imprisonment will be suspended on condition that you promise to be of good behaviour for the next two years.

This means that if you do not commit any other crime in the next two years you will not have to serve this nine months in gaol.

If you do commit another offence in that time you will be punished for it and also may have to serve this nine months as well.

Do you understand that? Yes.
Do you promise to behave in the next two years? Yes.

Dated the 17th day of September 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice