Police v Marsters [1999] CKHC 4; Cr 40.1999 (1 June 1999)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)

CR NO. 40/99

POLICE

v

JASON TIPUTOA MARSTERS

Mr Elikana for Crown
Mr George for Defendant

Date: 1 June 1999

DECISION OF QUILLIAM CJ

This was a strange attack on a woman who was a complete stranger to you. She did nothing to lead you on. You not only tried to rape her but you invaded her home for that purpose. This was a frightening experience on this victim. There has been reference to the fact that you had been consuming alcohol. It needs to be made clear that over indulgence in alcohol cannot be seen as an excuse for criminal offences. If people choose to over indulge then they need not shelter behind that consequence.

Because of the fact that you have not offended previously, those are considerations which permit me to give you a lesser sentence. The Probation Officer has recommended probation but having read through the medical report, probation report and the evidence that has been put before me, you are sentenced to imprisonment for 3 years.