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Republic v Teanganga [2025] KIHC 60; Criminal Case 03217 of 2024 (10 September 2025)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE 2024-03217

BETWEEN: THE REPUBLIC

AND: BIKEIETA TEANGANGA

Date of Hearing: 20 AUGUST 2025
Date of Judgment: 10 SEPTEMBER 2025

Appearances: Ms Ana Temaia for the Republic

Ms Henty Grace Pine for the Accused

SENTENCE

Agreed Fact

1. Bikeieta Teanganga has pleaded guilty to one count of unlawful sexual intercourse involving a person under the age of 13, contrary to section 134(1) of the Penal Code Cap 67, and one count of assault causing actual bodily harm, contrary to section 238 of the Penal Code.
   
2. I refer to the agreed facts as stated in the submission of Counsel for the accused as follows;
   

The defendant, on 19 April 2022, in Tanimaiaki village in Butaritari, assaulted a 12-year-old girl, namely Tearenga Temaua, thereby causing her actual bodily harm and proceeding to have unlawful sexual intercourse with her by penetrating his penis into Tearenga’s vagina.

3. The first offence is quite serious, even if it only happened once.
   
4. Count one, unlawful sexual intercourse with a person under the age of 13, carries a penalty of life imprisonment. The Prosecution proposes a starting point of 7 years following the case of R v Rineieta [2019] KIHC 84; Criminal Case 15 of 2019. The accused did not dispute the 7-year starting point, although they also suggested 5 years since the facts differ, except for the charge. However, in paragraph 40 of the accused’s Counsel’s written submission, she went back to 7 years. I have considered both submissions and agree with the Prosecution that the offence of unlawful sexual intercourse with a victim under the age of 13 is a serious crime, and 7 years as a starting point reasonably reflects the seriousness of the offence.
   
5. The Prosecution proposes an addition of two years for the aggravating factors as listed below;
   
   • - Sexual intercourse with a child; the victim was only 12 years old and was lied to by the accused.
   • - Force; he punched the victim on the back of her neck, causing her to fall on the ground before he raped her.
   • - Intention; his unlawful acts were premeditated by telling a lie to the victim so he could take her away.
   • - Threat; he threatened to kill the victim if she told anyone about his unlawful actions.
     
6. Defence Counsel suggests in paragraph 40 of her submission the addition of 6 months for the aggravating factors.
   
7. Mitigating factors are listed below by the Defence;
   
   • - Personal matters; The accused was only 19 years old when he committed the offence. He is now 22 and responsible for his elderly mother and younger siblings. He is not employed and relies on subsistence living to support his family. His father has passed away, and his oldest brother lives away from them in South Tarawa with his own family.
     
   • - Early plea; he pleaded guilty at the earliest opportunity, which should attract a reduction of 30% of the sentence.
     
   • - Clean police record; a man of good character.
     
   • - Cooperation with the police; he was cautioned on August 29, 2022, during which he admitted to the crime, contributing to a smooth and efficient process.
     
   • - Reconciliation; he showed remorse by asking for forgiveness from the victim’s family. They forgave him but said the case remains with the police, and they are not allowed to drop the charges.
     
   • - Delay; The incident occurred on 19 April 2022. The police interview took place on 29 August 2022. The accused was not charged until 1 August 2023, but the case was apparently filed in May 2024. Counsel relies on the cases of Attorney General v Li Jian Pei [2015] KICA; Criminal Appeal 05 of 2015 and R v Tawanga [2019] KIHC 14; Criminal Case 45 of 2017 in support of the reduction of 2 months.
     
8. The Prosecution, on the other hand, proposes a reduction of 1/3 for the accused’s early plea of guilty and 1 month for the clean police record. Plus two years for the aggravating factors. The total sentence proposed is 5 years and 11 months.
   
9. For the accused, according to paragraph 40 of Counsel’s submission, the total sentence proposal is a 7-year starting point plus 6 months for aggravating factors, minus 2 years and 9 months for an early plea, minus 2 months for the delay, and another 6 months reduction for other mitigating factors. This results in a proposed sentence of 4 years.
   
10. Short-term psychological stress: The accused’s Mental Health Assessment Report, received later on August 27, indicated that he was more likely to suffer from acute stress disorder following the tragic event that occurred the day before he committed the offense. This could explain the changes in his abnormal behavior and attitude. In that sad event, their canoe capsized, and they faced a near-death experience. Counsel submits that this psychological report supports the accused’s remorsefulness and good character. Based on the report, counsel proposes a rehabilitative sentence, one that would be fair, balanced, and reflect the principles of proportionality and restorative justice.
    
11. For an offence of unlawful sexual intercourse with a person under 13 years old, this is what I believe to be the reasonable sentence for the offender. The starting point is 7 years for this type of offense. A 30% reduction is applied for an early plea. One month is deducted for a clean police record, and another 2 months for the delay in prosecution. Six months is added for aggravating factors. The total sentence is 5 years and 1 month in prison.
    
12. This court receives no submissions for the second charge, which is assault causing actual bodily harm. This offence carries a maximum sentence of 5 years' imprisonment. The agreed fact shows that the accused punched the victim in the back of her neck, causing her to fall to the ground before she was raped. Considering the circumstances of this case, I impose a 12-month sentence for this offence.
    
13. Therefore, Bikeieta Teanganga is sentenced as follows;
    
    • - For one count of unlawful sexual intercourse with a girl under 13 years old, five years and one month of imprisonment.
      
    • - 12 months in prison for assault causing actual bodily harm.
      
    • - The sentences are to run concurrently, effective from August 6, 2025, the date when Bikeieta was remanded in custody.
      
    • - Mr. Bikeieta Teanganga may participate in any rehabilitation programs organised by the Prison Department.
      

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice