Police v Mai - Decision [2009] CKHC 21; CR636.2008 (6 March 2009)

IN THE HIGH COURT OF THE COOK ISLANDS

HELD AT RAROTONGA
(CRIMINAL DIVISION)

CR: 636/08,708/08,
1054-1056/08

POLICE

V

Pito Mai
Defendant

Mr Manavaroa for Police
Mr George for defendant
Date of hearing: 6 March 2009

DECISION OF JUSTICE HETA HINGSTON

Mr Charles this is primarily, the indecent assault is the charge that worries the Court. I know there is a charge of assaulting your partner she appears to have forgiven you and I'll take that into account and also the cannabis on its own would be deserving of a financial penalty. But in the circumstances as I intend to imprison you I will not add a financial penalty. I will take what the Senior Sergeant of Police have told me and have a sentence of imprisonment concurrent with other. So now I have listened to Mr George and taken on board all he has said and particularly noting that you've already served almost 6 months in jail.

I'll sentence you on the indecent assault charge which has a maximum of 7 years I'll sentence you to 9 months imprisonment and of course the time served on remand is to be taken into account. I'll sentence you to 1 month imprisonment for the assault on your partner, 1 month imprisonment for the cannabis charge and these sentences to be served concurrently.

One other thing this Mr George I think taking into account the 6 months he won't be too long incarcerated. As I say it's not my role to deport him however I've taken on board the fact in sentencing that he's indicated he will leave Rarotonga ASP when he gets out.

Heta Hingston J

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.