Police v Tereora [2007] CKHC 4; CR 164 of 2007 (25 May 2007)

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

CR NO. 164/07

BETWEEN:

POLICE

AND

VAIA TEREORA

Mr Elikana for Police
Mr Vakalalabure for Defendant

Date of Sentence: 25 May 2007

SENTENCE OF NICHOLSON J

1. Mr Tereora, you have been charged with being in possession of cannabis seeds which you were not authorized to cultivate. The maximum penalty for this offence is 5 years imprisonment.

2. The facts were that on Friday morning the 4th of May this year, the Police came with a search warrant to your house, searched it and in the laundry they found 180 cannabis seeds scattered on the floor and 39 cannabis seeds and some loose cannabis leaves inside a blue handbag. When they asked you about them, you said that the seeds and the loose cannabis were yours. You said you left the cannabis plants on a side wall hook in the laundry to dry, it had dried and the seeds and leaves fell off onto the floor and some fell off into the blue bag.

3. The Probation Officer points out your age as 47, that you are married and have 5 children ranging from 2 years to 21 years. Your wife says that you are good husband towards her and father for the children and are very supportive of them. You have started your own business with two takeaways and you are managing those businesses. Your wife feels that if you were imprisoned she would be unable to manage the takeaways and look after the children. She said she was totally against you bringing cannabis home.

4. The Probation Officers points out that you have no previous convictions, that during your interview with the Probation Officer you were cooperative and showed remorse for what you had done. You said you knew it was wrong and you should be held accountable for it. You realized how serious it was and the consequences and hardship that will be faced if you had to go to prison. You said you had learnt your lesson and said that the offence wouldn’t happen again. Through the Probation Officer you asked for a last chance and the Probation Officer recommended a fine with a strong warning.

5. Your counsel Mr Vakalalabure in mitigation pointed out that you had pleaded guilty at the first opportunity, that you have no previous convictions, that you are the backbone of supporting your family and that you have the responsibility for making a success of the two businesses. He said that, as pointed out by the Probation Officers, the seeds were rotten and you had no intention of planting them or in cannabis and trafficking in drugs. He asked that if there is a fine it be only $250 or that alternatively the Court consider sentencing you to come up for sentence if called on in 6 months.

6. For the Informant, Mr Elikana submitted that the offence was very serious and that the important aspect of sentencing should be deterrence, to deter you from committing any more offences and to deter other people from committing similar offences.

7. He submitted that because of this factor the appropriate sentence should be a short term of imprisonment of the order of 3 months. He submitted that if the Court was minded to impose a fine, it should be at least $1000.

8. The Court and the community is becoming increasingly concerned about the use of drugs and this involves the lower end of the scale, the use of cannabis. The law is that if there is major cultivation of cannabis, or dealing in cannabis, the appropriate sentence should be a deterrence sentence of imprisonment and that the circumstances of the offender do not play a major part.

9. However in your case I am satisfied that the possession of the seeds was a consequence of you having the cannabis plant and there is no evidence that you intended to look after the seeds and to use them to grow more cannabis. If there had been evidence of the seeds being carefully packed so as to keep dry and containers and material for growing cannabis, then I would have without any question sentenced you to imprisonment. But, I do not consider it is a serious offence leading up to cultivating substantial amounts of cannabis.

10. I take into account that you pleaded guilty at the first opportunity, that you have no previous convictions, that you do support your wife and family and that your liberty is necessary for the businesses to be successful. In the circumstances I am prepared to deal with it by way of a fine but it must be a substantial fine to signify the concern of the Courts. You are accordingly convicted and fined $800 and ordered to pay Court costs of $30. I warn you that if you come before the Court again for any drug related offence, even if it is using cannabis in light of this conviction and warning the Court is likely to sentence you to a term of imprisonment so therefore keep well away from cannabis. So that’s the sentence you will learn your lesson and not offend again.
    

C M Nicholson
Judge