Police v Monga [2006] CKHC 15; CR 478 of 2006 (15 December 2006)

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

CR 478/06

BETWEEN:

POLICE

AND

TATAI MONGA

Sergeant T Howard for Police
Tatai Monga in person

Date: 15 December 2006

SENTENCE OF NICHOLSON J

[1] Tatai Monga, you have pleaded guilty to the offence that on the 27th of November this year at Ngatangiia you had possession of utensils used in smoking cannabis, namely, a skull shaped device and bamboo. That offence has a maximum penalty of 5 years imprisonment and/or a $5,000 fine.

[2] The facts of the offence were that at 6.10pm on Friday the 18th of August this year Police went to a shack which you occupied with relation to an inquiry and you were there and you consented to them searching your shack. As a result of this search, the found a green human shaped skull and a bamboo internode utensils which were used in smoking cannabis. You were then charged with that offence of possessing utensils.

[3] The Probation Officer tells of your age of 18 years, that you have previously not been convicted of any offence that you have been raised effectively by your grandparents and your main source of upkeep was working on your grandfather’s plantation.

[4] You started working with your uncle as a builder but at the moment there is no work because of lack of building materials. She said that you previously drank a lot of alcohol but you have not drunk since your arrest for this matter.

[5] As Senior Sergeant Howard says, the law takes a serious view of involvement with illegal drugs, smoking of cannabis and possessing the articles to smoke but this is not a case of the more serious category of growing cannabis or dealing with cannabis and doesn’t necessary follow that there should be a term of imprisonment.

[6] It is clear that the utensils for your personal use and bearing in mind your age and the fact that this is your first offence, I do not consider it appropriate to impose a term of imprisonment on you.

[7] I also take into effect that you have admitted responsibility throughout and pleaded guilty. So, in my view the appropriate sentence is that recommended by the Probation Officer, 6 months community service pursuant to s. 8 of the Criminal Justice Amendment Act. I accordingly sentence you to 6 months community service order.

[8] Now I just point out that your having been convicted and sentenced to community service, if you get involved in illegal drugs in any way in the future and caught, it is very likely that you will be sentenced to a term of imprisonment, so, for your personal sake and the sake of avoiding imprisonment in the future, stay well clear of illegal drugs.

C M Nicholson J