Police v Raveora [2001] CKHC 6; CR303.2001 (29 November 2001)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR 303/2001

POLICE

v

ROIMATA RAVEORA
Defendant

Sergeant Howard for Police
Mr P Graham for Defendant

Date: 29 November 2001

SENTENCE OF GREIG CJ

Roimata Raveora you have pleaded guilty to the one charge that between June and July this year you cultivated cannabis.

What happened was that on the 17th of July this year the Police executed a search warrant on your residence and they found there three small pot plants containing three small healthy cannabis plants. You stated that the plants did not belong to you but that you had taken them from another person, that you had replanted them into another bag and that you had been watering the plants. So really you were taking part in some degree with the cultivation of these cannabis plants.

You were involved in some other criminal activities for which you were sentenced to imprisonment on the 31st of October this year. That has in effect somewhat pre-empted the consideration that I should have for the appropriate punishment that you should be given overall. It might have been better if all of your offending had been left to the one Court to deal with.

You have pleaded guilty to this offence, it seems that you have perhaps a slightly smaller part in it than might be thought on the wording of the charge just as it is but clearly you have taken part in the care and the cultivation of these plants. Cultivation of cannabis is a serious matter as shown by the maximum penalty of 14 years imprisonment. You however are involved as I said to a lesser degree, there are only three small plants involved, you are a young man, and you are fortunate that you come before me with a considerable amount of support and help in the community and I take regard to that.

In the circumstances I do not think that you should be punished any further than the punishment that has been already imposed upon you. In the circumstances therefore and in order to record however the Court's view of this matter, you will be convicted on the charge, and you will be sentenced to 2 months imprisonment. That sentence is to be served concurrently with the sentence that you are now serving. Further I will add to that a year's probation on precisely the same terms as was imposed in October on you, that is of course to be served at the same time as well.

CHIEF JUSTICE