Police v Kakino [2003] CKHC 2; CR 13-17 of 2003 (4 July 2003)

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

CR NOS: 13/03,14/03,15/03
16/03,17/03

BETWEEN:

POLICE

AND:

KAKINO KAKINO JR

Mr Titaa for Police
Mr Kakino for himself

Date of Sentence: 4 July 2003

DECISION OF SMITH J

You are appearing before the Court today on a charge of cultivation of cannabis, charge of possession of cannabis and three separate charges of possession of utensil. You have pleaded guilty to those charges, you are here today for sentencing. I have before me your criminal record 1996 – theft, 1997 – theft, 1997 – possession of cannabis, 1997 – two breaches of your probation, 1998 – two breaches, 1999 – three breaches, 2001 – assault on a female, April 2001 – another assault on a female, it’s not an enviable record is it. You were on two charges of possession of cannabis back in 1997 and you were given 24 months probation. That may have been successful because there were no further charges on cannabis possession right through until this current one. Most of the offences which you’ve been guilty are breaches of probation but I don’t know what those breaches constituted and of course there were the two charges in 2001.

It occurs to this Court that you are not taking the Police seriously insofar as on the 12th of December 2002 they charged you with possession of a utensil. One would think that that would be a warning but on the 16th of December 2002 you were again charged with possession of a utensil. The three charges arise from discovery of stuff from your house on the same day. You are currently serving a term of 9 months imprisonment effective as from some time in 2001, 5.4.01, and you are still there. On the charge of cultivation of cannabis you are sentenced to a term of 12 months imprisonment to be served on the expiry of your current term. On the other charges you are sentenced to a term of 1 month imprisonment to be served concurrently with the 12 months.

JUDGE