Police v Kaveao [2010] CKHC 13; CR 597-598 of 2010 (29 November 2010)

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

CR NOS. 597-598/2010

POLICE

V

KAVEAO MATHEW KAVEAO

Date: 29 November 2010

Counsel: Senior Sergeant T Manavaroa for the Police
Mr C Petero for Defendant

Sentence: 29 November 2010

SENTENCING NOTES OF GRICE J

Solicitors:
Senior Sergeant Tuaine Manavaroa, Police Prosecutor, Avarua, Rarotonga
C Petero

[1] Mr Kaveao, I am required to sentence you on two charges. One is burglary of the Muri 6/11 Store. The other is being in possession of cannabis. Both are serious. The burglary is the more serious and has ten years' imprisonment as its maximum sentence. The cannabis possession carries with it up to two years' imprisonment. I have heard from your counsel and the Crown, as well as reviewed the probation report and, importantly I have heard from you.

[2] You had only been out of jail a short time when you committed this offence. You have a list of previous convictions. The latest was a charge of burglary when you were sentenced to six months' imprisonment and 12 months' probation.

[3] The burglary itself was apparently unpremeditated. You say you were high on marijuana or cannabis. You broke into the Muri 6/11, which you had broken into before. You left some clothes there and presumably that assisted the Police to decide to charge you. The cannabis was found later in your bedroom.

[4] You counsel makes strong submissions that you should be given a chance. You are sorry for what you did. I have heard from you saying you were sorry and remorseful.

[5] The people who will actually suffer are your poor sister who has supported you. She works two jobs and is paying off your hire purchase.

[6] You recently have become a father for the first time. You have never seen the baby. The baby is in Aitutaki.

[7] Your probation officer also urges leniency because of the people who will suffer due to your imprisonment, naming particularly your sister and your baby.

[8] Your lawyer also says that you should get credit for pleading guilty early. He says, you are remorseful; you need to work and you need to see your child. He also submits that you should get credit as you have been in custody.

[9] I must start with a jail term. The number of your previous offences, including seven burglaries, and the fact that you were just released means that prison is the only option. You have treated probation and community service sentences with disdain. They have done you no good.

[10] The Crown points to the fact that this is a serious offence; that it affects the interests of not only the victims but the interests of people and the community; that the community is entitled to be protected from burglars who are uncaring as to what they are doing; and that you re-offended after two days of being released from custody.

[11] The sentence I impose must reflect accountability and protection of the community, deterrence and denunciation. I have listened to your counsel and probation officer and wish that rehabilitation overrode these factors and an option was not prison.

[12] I am very troubled by the circumstances you leave behind you and the hardship you are causing your family. I only hope this is the last time, but that is entirely up to you.

[13] I take into account your early guilty plea and in the circumstances I impose a term of imprisonment of 12 months. You will get a discount of three months for your guilty plea. You have also served one month which must be taken off the term of nine months that I impose.

[14] Following the term of imprisonment you will be released on 12 months' probation with the special conditions that you:

1. abstain from the purchase and consumption of alcohol or drugs;
   
2. not enter into any liquor license premises;
   

100. not be abroad between the hours of 7:00pm – 6:00am;
     

4. to reside at premises as directed by the probation officer; and
   
5. to attend any training or workshop organised by the Probation Service.
   

[15] Accordingly you are sentenced to:

1. nine month's imprisonment, less one month which has been served in custody, a total of eight months to serve; and
   
2. upon release probation for a period of 12 months on the special conditions set out above.
   

Grice J