Police v Charles [2009] CKHC 28; CR 636, 780, 1054-1056.08 (6 March 2009)

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

CR NO: 636, 780, 1054 to 1056/08

POLICE

v

PITO MAI CHARLES

Hearing: 6 March 2009
Counsel: Mr Manavaroa for the Police
Mr George for the Defendant

Sentence: 6 March 2009

SENTENCING NOTES OF HINGSTON J

[1] Mr Charles, the charge of indecent assault is the charge which worries the Court the most. I know there is an additional charge of assaulting your partner; she appears to have forgiven you, and I will take that into account. There is also the cannabis-related offending which, on its own, would be deserving of a financial penalty. In the circumstances, and taking into account the Crown's submissions, I intend to sentence you to a term of imprisonment.

[2] I have listened to Mr George, on your behalf, and have taken into account all that he has submitted. In particular, I note that you have already served almost six months in prison.

[3] On the indecent assault charge, which carries a maximum penalty of seven years' imprisonment, I sentence you to a term of nine months' imprisonment. Of course, the time served on remand is to be taken into account.

[4] On the charge of assaulting your partner, I sentence you to a term of imprisonment of one month.

[5] On the cannabis-related charge, I sentence you to a term of imprisonment of one month.

[6] All of these sentences are to be served concurrently.

[7] Mr George, I think, taking into account the six months Mr Charles has already served, his further period of incarceration will not be for too long. As I have said, it is not my role to deport him. However, I have taken into account when sentencing, that he has indicated he intends to leave Rarotonga as soon as possible upon his release from prison.

[8] You may stand down.