Police v Tapurau [2010] CKHC 17; CR 257 of 2010 (6 December 2010)

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

CR NO. 257/2010

POLICE

V

TAPURAUITI TAPURAU

Hearing: 6 December 2010

Counsel: Senior Sergeant T Howard for the Police
Ms S Inder, appearing on instructions from Ms L Rokoika, for Defendant

Sentence: 6 December 2010

SENTENCING NOTES OF GRICE J

Solicitors:
Senior Sergeant Teinaki Howard, Police Prosecutor, Avarua, Rarotonga
L Rokoika, Browne Harvey & Associates, Avarua, Rarotonga

[1] Mr Tapurau, I am now required to sentence you on the remaining charge of injuring with intent under the Crimes Act. This relates to the accident that occurred when you ran into the back of the motorcycle driven by the complainant. The term of imprisonment on a Crimes Act matter is a maximum of five years, so it is quite serious. You have already been sentenced on the charges of failing to stop and ascertain and render assistance in relation to the accident, as well as driving under the influence and drugs and/or alcohol.

[2] Mr Tapurau this incident is serious. You chased the complainant while he was on his motorcycle. You were driving your four-wheel drive motor vehicle. You say he owed you money and you were pursuing him. You then caught up with him at the Matavera meeting house, and rammed him so that he came off his motorcycle. He suffered serious injuries, including four broken teeth and a sore back. You took off and were only later apprehended and brought back to deal with the matter. The Police noticed that you smelt of alcohol and that you had clearly been drinking.

[3] I have to take into account all the circumstances of this offence. You are now aged 85 and on a pension. It is your only income. You are not in a strong financial position. You have some savings, which I suspect have now been depleted due to your having to pay the reparation of $425, which you have paid. Your counsel submits that you have no previous offences and were of good character until this event. You have a large family which you have brought up – 12 children, and you pleadeltyuilty to this offence in August of this year. You are to get credit for that.

[4] However, I do need to take incount the seriousness of the offence; the fact that the community demands accountability foty for this offending; that in the interes the victim some recognitionition must be given; and that it must act as a deterrent for any other would-be offender. I also need to take into account your personal circumstances and your hitherto unblemished record. I take into account the fact that you paid the reparation quickly. There is no sense in any community based sentence. You have been fined on the other two offences, each a fine of $100, Court costs of $30 and the reparation.

[5] Your counsel has given detailed submissions about your personal circumstances and has urged that they be taken into account. She sought a discharge without conviction, with an Order for costs and reparation. This offence is too serious for that to occur. She has also suggested that an alternative might be a conviction under s 113, which meansare ordereddered to come up for sentence if called upon.

[6] In the circumstances, I propose treating this matter in a similar manner to the previous two offences. I Order you to pay a fine in the sum of $100, Court costs $30 and no Order for reparation as you have already paid that. I hope that this is an isolated incident Mr Tapurau and I you luck.
.

Grice J