Police v Ingaua [2003] CKHC 18; CR 64.03 (4 July 2003)

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

CR NO. 64/03

POLICE

v

METUAVAINE INGAUA
Defendant

Mr Titaa for Police
Mr Arnold for defendant

Date of sentence: 4 July 2003

DECISION OF SMITH J

The extent of the injuries suffered by the victim in this matter were quite extensive and your driving was such that at even after he hit your car you carried on with the victim across the bonnet of the car. You clearly were not in control of the vehicle. We do however have Mr Caffery's comments here that he has forgiven you, that he wants to stand by you. We have the fact that your employer wants to stand by you and for that reason and the hope that you will not be back here again I am going to apply the decision of the Probation Service and you are to be placed on 12 months probation, to serve the first 6 months on community service work, to abstain from the purchase and/or consumption of liquor, not to enter any licensed premises and you are to attend any training or workshop programs as directed by the Probation Service.

Now in addition, the Transport Act makes it quite clear that on the conviction of these offences the Court shall impose a term of disqualification, I have no discretion in this matter. I see that you are employed by Strickland Motors and obviously your work does require you to drive. You are not going to be able to do that for some time. You are disqualified from obtaining or holding a driver's license for a period of three months, the period of disqualification will begin tomorrow morning the 5th of July.

JUDGE