Police v Ngatikao [2006] CKHC 4; CR 249, 278 OF 2006 (8 September 2006)

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

CR NO. 249,278/2006

BETWEEN:

POLICE

AND:

RODNEY JOHN NGATIKAO

Sergeant T Howard for Police
Mr Little for Defendant

Date of sentencing: 08 September 2006

SENTENCE OF SMITH J

Your counsel has said that you were growing this for a friend. I would suggest from that, that you were very lucky that you are not on a charge of possession for supply. It’s hardly a spur of the moment matter because you had constructed some rather elaborate nursery within the house in which you were propagating the seeds for planting outside. It was a sophisticated operation on a small scale and as the Sergeant says, could have grown into something substantially larger.

You came to the attention of the Police because someone had suggested that you were selling from the house. They have not charged you with selling, they have not charged you with possession for supply. Had either of those charges been produced, then you certainly would have received a custodial sentence.

I have gone through the Probation Report and it seems that they believe that you have something to contribute and that you should be given another chance. I am going to accept the report, you are sentenced to 12 months community service order pursuant to s. 8 of the Criminal Justice Amendment Act 1976 and that is to be followed by 12 months probation supervision, term to commence on the date of the community service order subject to sub-section (2) of s. 10 of the Criminal Justice Amendment Act and the terms of the probation are that you will work and live as directed by the Probation Officers.

There is an order for drugs seized to be destroyed.

JUDGE