Police v Pauao [2010] CKHC 21; CR 512 of 2010 (10 December 2010)

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

CR NO. 512-514/2010

POLICE

V

NGATAMARIKI POUAO

Hearing: 10 December 2010

Counsel: Senior Sergeant T Howard for the Police
Defendant in Person

Sentence: 10 December 2010

SENTENCING NOTES OF GRICE J

Senior Sergeant Teinaki Howard, Police Prosecutor, Avarua, Rarotonga

[1] Mr Pouoa, I am now going to sentence you. I note that at present you are aged 21 and you have got what sounds like a good job at the Rarotongan Resort as an Activities Officer, and I see that you want to join the Navy in 12 months time.

[u arou are charged today with careless driving causing injury on two counts. The first in relation to Demi Aroha Smith, who I think is now Morgan, and, secondly, to Christiana Matenga. Each ofe careless driving charges rges could lead to a term of imprisonment for five years each, so they are very very serious. And the driving with excess breath alcohol charge is also something that is serious, and you could go to jail for 12 months on that charge.

[3] You have made some submissions to me yourself. It certainly sounds as though you fully accept what happened and are remorseful for it, and really are concerned about your actions. This all occurred as a result of a motor vehicle crash at Panama. You said you got cramp and closed your eyes and the next minute you had collided with an oncoming motor cycle which the complainants were riding on. They said they did not see your lights and that you came out of nowhere. One of the complainants was quite seriously injured.

[4] At the time you were driving you were very intoxicated. You had had a substantial amount of Stainlarger and you were three times over the blood alcohol level, so it is amazing you could drive at all. This could have been much much worse. The complainants each seek medical expenses. They both have had considerable attention from doctors in relation to their injuries, and I will deal with those later. The complainants have also indicated that they have been off work due to the accident. Demi is less injured, but Christiana is not able to work and not able to walk properly yet. Demi's father made a statement to the Probation Service. He said he was disappointed with the way the system worked, that is in relation to the Police. However, that should not be taken into account in your sentence – that is a matter for the Police. But all the victims say they do not want you to go to jail.

[5] On the plus side and in mitigation, as you have told me, you are very remorseful. You want to do everything you can to serve your sentence when it is applied. You went to cooperate with the Police. You pleaded guilty earlier so that the complainants did not have to go through a trial. You want to work and pay for the expenses that they have incurred – for the loss of their vehicle and for their medical expenses, and that is very important for me to take into account.

[6] I am told in your Probation report that at home you are helpful and that you do not cause problems. Your mother has high hopes for you. You are now employed at the Rarotongan Resort as an Activities Officer, and your employer says you are a good worker who is 'quiet and intelligent'. You also help in the family business. You said you want to join the Navy, perhaps in November 2011. You had better make sure you do not get any more convictions as it may prove a problem getting into the Navy. You have apologised to your victims. It is your first offence and you are only 21 years of age. You are on the brink of your career.

[7] I must take into account deterrence, and particularly motor vehicle accidents on the Cook Is. There have been some major problems with road use, bad driving, and driving while under tder the influence of alcohol. So I have to take into account the community's interest and deterring people from doing this. I take particular account of the interests of your victims in this case.

[8] You have asked for name suppression because of your job. I will deal with that in a moment.

[9] I am going to follow the recommendations of the Police officer, and the indications that the Probation Service think that this will be beneficial to you. I am going to sentence you on each of the charges, cumulatively, to a period of 12 months' probation with the first six months being served in community service, with the special conditions:

1. that you pay reparation to the victims: Demi Morgan and Christiana Matenga;
   
2. that you abstain from the purchase and consumption of alcohol; and
   

100. that you do not enter any licensed premises, including Club Houses, except for the Rarotongan Resort for the purposes of your employment.
     

[10] In relation to the reparation, I Order:

1. reparation for medical costs for Ms Matenga for $350, plus medical costs for Ms Matenga for $1,3r>
2. me costs for Ms Morgan of $420, plus $7dicaedical costs; and
   

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100. compensation for the motor cycle that was damaged of $3,250.
     

[11] I also Order you to pay the cost of the blood alcohol certificate of $150, payable to the Police.

[12] And, finally, Mr Pouao,ll deal with your orar oral application for name suppression. I have considered the circumstances and do not consider this is anopriate case for name suppression. You have pleaded guilty to what are quite serious offencffences. There is a public interest in not suppressing you name, and the public knowing who the offender was. So I am not going to order name suppression. However, I am going to order that the name of your employer and that your employment is suppressed. So the fact that you are an Activities Officer at the Rarotongan Resort cannot be published.

Grice J