Police v Papatua [2006] CKHC 38; CR281.2006 (8 September 2006)

IN THE HIGH COURT OF THE COOK ISLANDS

HELD AT RAROTONGA

(CRIMINAL DIVISION)

CR NO: 281/2006

POLICE

v

PAPATUA PAPATUA

Date: 08 September 2006
Counsel: Sergeant T. Howard for the Police
Mr. N George for Defendant

SENTENCE OF SMITH J

I accept what Mr George has said concerning the damages to the vehicle, it can be the subject of another Court and I am going to leave that to be dealt with there.

You have pleaded guilty to a charge of driving under the influence and causing injury, an offence which I think many people, possibly including myself, are sometimes running on the edge of. You on the other hand had an accident, had you not had the accident, you may never have been before the Court. But the fact remains that you pleaded guilty to a charge of driving under the influence and causing injury and that is an offence which the Court must deal with in passing sentence.

You have seen the Probation Officer's report and I am satisfied that obviously a custodial sentence would not be appropriate because of the work that you are doing but some substantial fine is required.

I am fining you the sum of $1,500.00 of which $1000.00 is to be paid to the victim. There are $300.00 costs and you are disqualified from holding or obtaining a driver's license for 3 months.

JUDGE