Police v Highland [2010] CKHC 24; CR 628 of 2010 (10 December 2010)

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

CR NOS. 628, 629, 630/2010 and CR NOS 566/2010

POLICE

V

TOAWEA HIGHLAND

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 Highland, I have acc a guil guilty plea and convicted you on the charge of excess breath alcohol. You indicated you understood the charge and you wished to plead guilty and you didwant to see a lawyer. We have heard a statement of facts onts on that charge from the Prosecution, and earlier in the day we heard a statement of facts on the matters that you pleaded guilty to in relation to the white van. So I am now going to sentence you on the whole lot.

[2] So, Mr Highland, as I mentionedierrlier, on the charge of excess breath alcohol there is a maximum penalty of 12 months' imprist that could ould be imposed and, of course, there is a mandatory disqualification period &; and you are already disqudisqualified. The taking of the van charges, which are taking the van as well as driving while disqualified and dangerous driving, you could go to jail for 12 months on a those and be fibe fined.

[3] Now the main concern about these fences is that you had not long ago been convicted on 30 September of another blood alcohol offence. You took the nly about a month after thar that blood alcohol offence, although the blood alcohol offence I have convicted you on today happened beyou were convicted on the previous offence. You took the vahe van from the Hideaway Bar, then you drove through a Police check and you did not stop, but sped away. You told the Police that you were under the influence of alcohol, and, into the bargain, you were driving while disqualified.

[4] In relation to the excess breath alcohol offence that occurred on 11 Sept, you were driving your your Yamaha motor cycle when you were apprehended by the Police and a blood sample was later taken.
[5] On the plus side, you live with your brother. The family say you are very helpful but but that you do stupid things. You have a job now at the convenience store, which is good, and your family ask for leniency. I have received Probation Report suggesting that it would be appropriate to put you on probation for 12 months, but next stop if you come before this Court again would almost certainly be jail.

[6] In my sentencing I have to reflect the community's concern about drinking/driving, especially in the Cook Islands. There is concern about motor vehicles being taken as well – and you have done both of these things. I have to make sure that you are accountable for that – that people just do not get away with it. I have to take into account the interests of the victim – and you have apologise to him, although he was not very happy. But at least you went and saw him and apologised to him. I have got to make sure that people are deterred from doing this type of thing again, and that the community is happy that these offences are denounced.

[7] You have now got two excess blood alcohol convictions. It appears that apart from these convictions you seem to have had a good reputation. You are only aged 24 years, and I have to take all those factors into account.

[8] So I am going to sentence you on each of the charges to a sentence of 12 monprobation, concurrent, wnt, with the special conditions that:

1. you abstain from the purchase and consumption of alcoholic and liquoriquor;
   
2. that you do not enter any licensed premises without the approval of the Chief Probation officer;
   

100. that you attend AA meetings every Tuesday with Mr Charles Littld that will bell be reviewed after three months; and
     

4. that you attend any training or work directed by Probation Serv Services.
   

[9] You will also be disqualified from holding or obtaining a driver's licence for the charge of breath alcohol, for a further period of 12 months. That will be added to your previous 12 month disquaation – s11; so a total of two years together.

[10] On the charge of excess breath alcohol I am also going te yousum of $400, which will need to be paid.


[11] I Order that you have to pay $pay $150 for the blood certificate analysis.

[12] I am just going to add a bit about the fact that you came here earlier this morning and I sentenced you when I was not entitled to sentence you because you had not pleaded guilty on the excess breath alcohol. So under s 115 of the Crl Procedure Acre Act I have now indicated that the previous sentence was not available – so that is gone – and this one is substituted.

Grice J