Police v Robinson [2003] CKHC 22; CR 132.03, 167.03, 168.03, 169.03 (4 July 2003)

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

CR NOS. 132/03, 167/03
168/03, 169/03

POLICE

v

JOSEPH JOHN ROBINSON
Defendant

Mr Titaa for Police
Mr George for Defendant

Date of sentence: 4 July 2003

DECISION OF SMITH J

Having read the police report I see that the cannabis was noted in the window of your house and yet when they carried out their search Warrant they had been removed and thrown away. I give you some credit for that because someone who may have intended to either smoke, produce or share with friends cannabis which you were growing would no doubt have made arrangements for someone else to look after it for him knowing that the possibility of the police coming around. You didn't do that, you disposed of it. From that point of view we can give you some credit. However you say it was an experiment, but it goes beyond an experiment when it's found that you had other seeds. You had this cannabis and you also had utensils for smoking cannabis. That leads this Court to believe that in actual fact it's not an experiment, you were going to have it, grow it for your own personal use. I'm going to follow the Probation Officer's report in respect to the fine, I'm going to go beyond that now, I'm going to put you on notice so that will ensure that for sometime any way you are not likely to become involved with cannabis in any other shape or form. So on the charge of cultivation, you are fined the sum of $500, on the charges of possession of cannabis and seeds and the possession of utensils you are ordered to come up if called upon within the next six months. So if at any stage you become involved with the police then those charges will be re-visited.

JUDGE