Police v Herman [2007] CKHC 37; CR384.2007 (14 September 2007)

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

CR NO: 384/2007

POLICE

v

FRANCOIS HERMAN
Defendant

Date of sentence: 14 September 2007

Senior Sergeant Howard for Police
Mr. Herman in person

SENTENCE OF WESTON J

1. Mr Herman, you are here for sentence today having pleaded guilty to a charge of cultivation of cannabis. You are not represented. You understand you have a right to a lawyer. This is your first appearance. You are aged 17.
2. It seems to me that this was an opportunistic crime. You came across a pot plant while you were out feeding the pigs. You picked it up and brought it home. You were found with it. You have stated that you did this to make your brother happy rather than because it was for your own use. Your brother is in prison and possibly is not the best role model for you. I hope that in the future you do not feel the need to do anything that is criminal simply to keep your brother happy.
3. The Probation Service has recommended 6 months community service and that is supported by the Police. For myself, 1 think that is more than is required to show the community's disquiet at what you have done. Accordingly I am going to sentence you to 3 months community service and in addition $30.00 Court costs.

Judge