Police v Kora [2003] CKHC 19; CR 93.02 (4 July 2003)

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

CR NO. 93/02

POLICE

v

METUAKORE TEREMOANA KORA
Defendant

Mr Titaa for Police
Mr George for Defendant

Date of Sentence: 4 July 2003

DECISION OF SMITH J

What you did was stupid. You may have taken exception to what this other person had been saying over a period of time but you lost control. You went to the house with a bush knife as I understand it and made threatening comments and waved the knife around and at the time the complainant's wife and daughter were in the house and they themselves were in great fear for their lives or possible injury. It wasn't just the complainant that you were virtually attacking in this instance. However the Clerk of Parliament has spoken very highly of you. The pastor at the Matavera Church speaks very highly of you and has given a record of your services over the years. You've managed to get through 65 years without appearing in the Court before. We've got to give you credit for that although what you did could be counted as a very serious offence and does carry with it a maximum 7 year term of imprisonment. I believe that in this instance provocation may have been the motive behind your actions. I'm accepting the Probation Officer's report, you are discharged under s. 112 of the Criminal Proceedings Act without conviction.

JUDGE