Police v Karaiti [2007] CKHC 6; CR 226-231 of 2007 (15 June 2007)

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

CR NOS. 226,227,228,229,230,231/07

BETWEEN:

POLICE

AND:

NANI TERINA KARAITI

Mr Mitchell for Police
Mr George for Defendant

Date: 15 June 2007

SENTENCE OF PATERSON J

1. Ms Karaiti, you have pleaded guilty to six charges of theft as a servant in the amount of $7785.00 as we have heard this occurred over a 6 month period but it is also concerning that there were over forty occasions when you took money, this was not one isolated incident, it was a series of deliberate theft by someone whom your employer had placed trust in and you breached that trust.

2. You had a position responsible to the Ministry of Justice as a cashier, you took the money after receipting it and on one occasion took money from the Ministry’s trading account.

3. I have heard what both counsel have said and I have read the Probation Report. I am aware of your personal position, that you have three children, you look after one child from your present marriage and that you have supported your grand parents.

4. I am also aware that apart from these incidents you appear to live a very worthwhile and blameless life. You are described as a good and caring mother, but you do have expensive tastes, and that appears to have been the reason for your downfall in this case.

5. You have been well educated, you are a good worker, you are clever and smart. Those are matters that probably aggravate your offending than mitigate them.

6. I have noted from the Probation Report the matters that the Probation Officer considers to be relevant; namely, this is your first appearance for a criminal offence, you personally admitted the offending, you are willing to pay the money with the assistance of your grandparents, you have three children, you are the only one living with your grandparents who acknowledge you as the only bread winner in the family and they have guaranteed payment in the amount owing to the Ministry of Justice. But as I will probably say later, I do not consider reparation as a way of buying yourself out of a prison sentence if that is the appropriate sentence. As I have said, if this was in New Zealand you would be facing a prison term.

7. It appears as though that may not have been the practice in the Cook Islands and I note, though I do not have the details, that in the last five sentences for theft of a servant, a 12 months community service order has been made.

8. It is necessary in sentencing to denounce, punish and deter and of course rehabilitate where possible.

9. This is a serious charge and as I agree with Mr Mitchell, it is more than an isolated event.

10. Having considered all the matters, the alternatives to me appear to be either go along with the Probation Officer’s assessment or give you a short term of imprisonment.

11. The crime itself in my view justfy a term of imprisonment. However, your personal factors, the support from your grandparents, the care of your child, the promise of reparation subject to the comment I have made about that, the fact that you are a first offender, you turned yourself in although I agree with your counsel that detection was probably inevitable and your early plea of guilty have led me to the position where I impose as a sentence on you, a period of 12 months community service to be followed by 12 months probation supervision and I impose and order that you pay reparation of $7785.00.

12. As far as the reparation is concerned, that will be paid in accordance with the arrangements to be agreed through the Probation Office and the application for name suppression is declined.

Judge