Police v Teroi [2010] CKHC 16; CR 580 of 2010 (3 December 2010)

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

CR NOS. 580/2010

POLICE

V

MATAMUA TEROI

Hearing: 3 December 2010

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

Sentence: 3 December 2010

SENTENCING NOTES OF GRICE J

Solicitors:
Senior Sergeant Teinaki Howard, Police Prosecutor, Avarua, Rarotonga
M Teroi, Avatiu, Rarotonga

[1] Mr Teroi, I have to sentence you on possession of a utensil for the smoking of cannabis, which is an offence under s13 of the Narcotics and Misuse of Drugs Act. This is quite a serious offence. It has a maximum penalty of five years' imprisonment.

[2] In this case the Police did not find anything else. In their execution of a search warrant they just found this utensil. But you admitted that you had had it for a while and that you had smoked cannabis in the past.

[3] Mr Teroi when I sentence someone the law tells me that I have to take a number of things into account. I have to take into account that the community wants people deterred from doing this sort of thing. They want it stopped. They want it to be clear to other people who think they might do it that it is not a good idea, which is called deterrence and denunciation. And they also want taken into account a promotion of accountability by you for doing it – that you do not get away with it. I also have to take into account how serious the offence is, and this does seem to be at the lesser end of the scale. Nevertheless it is still an offence. I have to take into account similar types of cases where penalties have been imposed.

[4] I also have to take into account your family circumstances and that you are 19 years.

[5] I Order:

1. a fine of $100.00;
   
2. Court costs of $30.00; and
   

100. continuation of probation varied under s9(1)(a) of the Criminal Justice Act to include that you undertake such drug and alcohol counselling as directed by Probation.
     

[6] I recommend that you serve the remainder of the four months of your current term of probation on community service, commencing Saturday 4 December 2010 and expiring on 30 March 2011.

[7] I make an Order for the destruction of the utensil.

Grice J