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Republic v Tibwere [2015] KIHC 72; Criminal Case 7-12 (9 October 2015)

HIGH COURT OF KIRIBATI

HIGH COURT CRIMINAL CASE NO. 7 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TAABI TIBWERE
ACCUSED

9 October 2015

Ms Pauline Beiatau for Prosecutor
Mr KiatoaIaoniman for Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by both Counsel in this matter where the convict took a child of two years to a buia, undressed her and put some oil on her vagina with a view of having sexual intercourse. But he was interrupted by the mother of the victim who arrived just in time to save her child.

The convict has pleaded guilty thereby saving the Court's time and scarce resources. Since no past criminal record is alleged, I take it that he is a first offender.

But on the other hand he committed a rather serious offence of indecent assault by putting oil on the child's vagina for obvious intentions.

I find that the convict who was then 16 years was and probably still is a young man of bad character. He needs to be taught a lesson and at the same time the sentence should act as a deterrent measure to the would-be other spoiler young boys.

Having taken all the above into account and the cases cited to me and doing the best I can I sentence the convict to a term of six months' imprisonment. Since the convict is now in Court he is to start service of the sentence straightaway.

The right of appeal explained.

Dated the 9th day of October 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge