Police v Nicholas [2009] CKHC 26; CR566-567.2009 (16 October 2009)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO'S 566/09 & 567/09

POLICE

V

BOYE NICHOLAS

Hearing: 16 October 2009

Counsel: Mr Manavaroa for the Police
No appearance for the Defendant

DECISION OF THE HONORABLE PATRICK SAVAGE J

[FTR 8:59:50]

[1] When the Cook Islands Government enacted this legislation it did so in the firm intention that this place would not be polluted by drugs, like so many countries have been. That was the intention, that paradise not be polluted.

[2] This is a very serious offence. If you had not cooperated with the Police the maximum sentence for importation could well have been 14 years. You were three times over the limit, and more, where you would be deemed to be in possession to supply other people and you would have had to have proved otherwise.

[3] You have been very generously treated by the Cook Islands Police.

[4] I have to mark this out to you and to other people that behaviour like this will almost inevitably result in imprisonment.

[5] You have special circumstances because of your health. You pleaded guilty at the first opportunity. You let yourself down somewhat by not answering the summons, but I am not going to take that into account.

[6] I do not believe that you are as short of money as you indicate, you had enough money to buy $2,000 worth of drugs. You are capable of earning money with your business.

[7] On each offence you are fined $1,000 and you are Ordered to pay $200 a week.

[8] Your passport is to be held with your consent until the fine is fully paid on each offence.

[9] You are ordered to pay $30 Court costs. Thank you, stand down.

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