Police v Pepe [2004] CKHC 66; CR304.2004 (9 July 2004)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
CR NO. 304/2004

POLICE

v

JOHN PEPE
Defendant

Mr Tetava for Police
Mr Pepe for himself
Date of sentence: 9 July 2004

DECISION OF GREIG, CJ

John Pepe, you are appearing today on a charge of car conversion. On the 14th of June this year you got into and drove away a Toyota land cruiser. The car was at the back of the complainant's residence where in fact you were. It was unlocked and the keys were in the ignition, it was about 10.00 pm on a wet night and you took the car because you wanted to get to the RSA in Nikao and you did not want to get wet. The car was found a little later and you were charged and arrested and you accepted your responsibility.

That is a relatively minor offence in itself but you have previous convictions of burglary in 2001 and 2003 and have served time in prison for these offences. Indeed you were only released in May about a month before you committed this offence and you are staying with a friend whose vehicle it is.

You are a young man, you have a rather arrogant appearance and if you go on committing offences you will find yourself back in prison. At your age you should take stock of yourself and try and look for something better. I am not going to accept the Probation Officer's recommendation and I am going to give you a chance to put you under probation and supervision to see if you can take some steps to put yourself on the right course.

The sentence of the Court is that you will serve 1 year's probation but you will live and work where the Probation Officer approves, that you are not to associate with any person or persons that the Probation Officer may specify from time to time, you are to undertake or attend any counseling, educational or work, skill or other trading courses that the Probation Officer may specify and you are to abstain from the use of intoxicating liquor or drugs and you are not to enter any licensed premises without the approval of the Probation Officer. This may be your last chance, take it.

CHIEF JUSTICE