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Republic v Akubor [2009] NRSC 5; Criminal Case No 2 of 2009 (1 April 2009)

IN THE SUPREME COURT OF NAURU.

Criminal Case No. 2/09

REPUBLIC OF NAURU

V

AKI AKUBOR

Paul Bannister for Prosecution
Rueben Kun for the Accused.

Date: 01 April, 2009.

SENTENCING REMARKS

Aki Akubor:

You have pleaded guilty to 2 counts of entering a dwelling house with intent to commit a crime on dates unknown between the 12th of December, 2007 and the 12th February 2008 and to 2 counts of Indecent Treatment of a girl under 14 between the same dates.

The little girl was 7 years old. You were regarded as part of the family: you worked for the child’s grandfather.

The counts to which you have pleaded guilty you have admitted were part of course of conduct. You had done the same thing on your own admission "more than 5-8 times, not every day but (from) time to time."

The child slept in the same room as her grandmother. The door was locked. On each occasion you, probably between 2 O’clock and 3 O’clock, were able to get into the room either by putting your hand through a hole in the wall and opening the door or, you say, on the last occasion going "through the hole in the mosquito net." Her grandmother was not disturbed. You took the child from the bedroom to a store room where you could not be seen, took off her underpants and licked her vagina.

These were serious crimes and a breach of the trust the family had in you.

You are 21 years old and single. I accept that you are now very sorry for what you did and feel ashamed. You have one previous conviction, for assault: an offence of a different kind. I ignore it for the purpose of sentencing you.

You have pleaded guilty. That you have no relevant previous conviction and have pleaded guilty mean a lesser penalty than otherwise. Yet these were very bad things and you must be imprisoned for them.

On each cont of entering a dwelling house you will be imprisoned for 18 months: on each count of Indecent Treatment of a girl under 14 you will be imprisoned for18 months. The terms will be served concurrently and will date from yesterday when you went into custody.

ROBIN MILLHOUSE
CHIEF JUSTICE