Police v Joseph [2010] CKHC 23; CR 608-609 of 2010 (10 December 2010)

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

CR NO. 608-609/2010

POLICE

V

TEREPAI JOSEPH

Hearing: 10 December 2010

Counsel: Senior Sergeant T Howard for the Police for Defendant

Sentence: 10 December 2010

SENTENCING NOTES OF GRICE J

Solicitors:
Senior Sergeant Teinaki Howard, Police Prosecutor, Avarua, Rarotonga

[1] Mr Joseou are presently aged 2ged 24 years, and you appear for sentencing on two charges under the Narcotics and Misuse of Drugs Act. First, for smoking cannabis, which has an imprisonment term of fiars as a maximum penalty; aty; and, secondly, for possession of a utensil, namely a bong, to be used in relation to cannabis. That has penalty of two years' imprisonment attached to it.

[2] This offence was detected after a search warrant was undertaken where you lived. I understand the bong was found and you admitted that you had been smoking cannabis the day before. The Police are concerned that this has a potential to influence others, including youth in the village and other people. The Police are extremely concerned about the use of cannabis on the Island and want to make sure that its use is stopped.

[3] As I have said, the offence is serious. In mitigation I am told that you made an early guilty plea, that you are remorseful for your actions, that this is your first appearance in Court, and that you have strong family support. You have let down your parents. I understand your mother is very ill in New Zealand, and your step-father who is very supportive, is extremely concerned. I am told that you are employed and that you are a very good worker. That you have an income of approximately $300 per week, but you have no savings. This is your first appearance.

[4] I must take into account the fact that drugs and the use of drugs in the Cook Islands is causing problems. I have to take into account deterrence and showing the community's denunciation of these offences, particularly when it might influence children and youth. You have to be accountable for these offences, Mr Joseph, an have to be resporesponsible for them. It is no use just continuing to do them because you are going to end up in jail. I understhat there is a low risk of you reoffending, you are remorseful for the actions, and you haou have made indications that it is not going to happen again.

[5] I have received a recommendation that you be sentenced to 12 months' probation, and six months of that is to be served on community service. This is a chance to try and sort things out, to get away from cannabis and mure that you do not end up in front of me again.

[6] I am going to sentence you onou on each of the charges concurrently to a term of 12 months' probation as an alternative to imprisonment, with special terms:

1. Six months of your probation period is to be served on community service.
   
2. That you reside with your father, Pastor Turoa in Matavera;
   

100. That you attend any training or workshop as directed by the Probation Service.
     

[7] I also grant Orders for the destruction of the cannabis and the bong.

Grice J