Police v Glassie [2010] CKHC 14; CR 676 of 2010 (30 November 2010)

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

CR NO. 676/2010

POLICE

V

ESTALL GLASSIE

Date: 30 November 2010

Counsel: Senior Sergeant T Howard for the Police
Defendant appearing in person

Sentence: 30 November 2010

SENTENCING NOTES OF GRICE J

[1] You have pleaded guilty to a charge of assault with intent to injure. This is a serious offence and a maximum penalty of three years' imprisonment may be imposed.

[2] When you first appeared this morning the Senior Sergeant asked for leave to amend the charge of common assault to the more serious charge of assault with intent to injure. I stood the matter down so that you could seek legal advice, and I understand that Mr Little came down and talked to you about the offence. I note you agree that is correct. Having discussed the matter with Mr Little and with the Police you came back into Court and entered the guilty plea to the assault with intent to injure.

[3] The incident occurred at the Edgewater Resort where you had been staying as a visitor with your girlfriend. It occurred in the early hours of Tuesday 30 November 2010. You and your girlfriend were in your room. You had an argument, your girlfriend called out and the security officer came in to assist. He attempted to intervene and remove you from the room and you became aggressive and punched him. You then accompanied him when the Police arrived. The Police have indicated that you co-operated fully with them. You did not make a statement.

[4] In the meantime the security officer went to the hospital. A medical report was handed up which indicated that he suffered some superficial abrasions on the inside of his upper lip. There was no active bleeding and there was no further damage to any teeth or any bruises or laceration on the overlying skin, although there was slight movement restriction of the jawbone and some muscle pain in the jaw. I understand that there is reparation being sought as well as medical expenses, which I will refer to later.

[5] You admitted the facts and I also heard from your girlfriend, Ms Simeon,indicated that she wshe was very upset and had tried to support you. She had paid for your 21st birthday and done various things she was not proposing reconciling with you. She knew that you would not be allowed back atck at the Edgewater Resort and she was going to stay on there. You have indicated that you have family in Rarotonga, I think some of them came to Court this morning, and that you will be able to stay with family until you go back to New Zealand. You also indicated that you are presently on a hospitality course and you receive a student allowance of $163 a week. You do not have any savings or a car or any transport, and you live with your mother. You have no other assets.

[6] You candidly advised me that you have one conviction, an assault charge on which you were convicted in New Zealand. You were 19 when that occurred. You received community service for that assault, and that was an assault on Ms Simeon. You have been with Ms Simeon for about two years. Ms Simeon said that you have become aggressive and that alcohol fuels this.

[7] When sentencing I have to take into account a number of factors. e to into account that you are accountable to the comm community for this; that the sentence muse must promote a sense of responsibility. I have got to consider the interests of the victim of the offence, in this case Mr Cumming the security guard; and I must consider reparation, denunciation of the offence, deterrence as well as protection of the community; I must also consider rehabilitation and reintegration. I hope that this is the last time a Judge sees you in front of them.

[8] You are at the start of your career. I am troubled and the Court took some time this morning to make sure that you had a chance to get legal advice and you understood what you were doing. A second conviction, and this one for assault with intent to injure, stays on your record forever.

[9] Taking into account all the circumstances and your acceptance of the facts, my view is that it is at the very low end of this type of assault. The prosecuting officer has accepted that. I had been considering very carefully whether to discharge you without conviction under the Criminal Procedure Act. In view of your previous conviction I do not think I can do that. Therefore, I intend to convict you and order you to come up for sentence if called upon within the next 12 months. That means that if you commit another offence this one can be looked at and you can be sentenced on this one as well. In addition, I will be ordering reparation and compensation as follows:

Medical expenses	$50.00
Reimbursement of the cost of the uniform for the security guard	$126.00
Reimbursement of wages for the security guard	$56.00
	$232.00

[10] That amount is to be paid forthwith and the officer will retain your passport until that is paid.

Summary

[11] Conviction entered against the defendant.

[12] The defendant must come up for sentence if called upon within 12 months.
<13] The defendefendant must pay reparation and compensation as follows:

$50.00
Reimbursement of the cost of the uniform for the security guard	$126.00
Reimbursement of wages for the security guard	$56.00
	$232.00

[14] The amount is payable forthwith and pending payment the defendant's passport is to be held.

Grice J