Emanuela v Police [2010] CKHC 52; JPA04.2010 (14 May 2010)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
JP APPEAL NO. 4/2010
AITUTAKI CR NOS 12, 16-19 & 22/2010

IN THE MATTER of the Crimes Act 1969, Sections 267, 250(1)(a), 263(a) and 242(1)(a) and Section 76 of the Judicature Act 1980-81

AND

IN THE MATTER of an Appeal against the sentence of 5 years imnment by three Just Justices of the Peace, Putangi Mose, Tamatoa Ariki and Mrs Moyra McBirney on the 7th day of April 2010

ter">BETWEEN

NGATOKORUA TEOKOTAI EMANUELA
Appellant

AND

THE POLICE
Respondent

Hearing: 14 May&#160

Counseounsel: N George for Appellant
Sergeant Manavaroa for Respondent

Judgment: 14 May 2010 ter">JUDGMENT OF DAVID WILLIAMS CJ

[1] The appeal is allowed.

[2] In substitution of the sentence of two-and-a-half years' imprisonment Mr Emanuela is sentenced to 10 months' imprisonment.

[3] I don't need to make any Orders about probation because that will follow automatically.

David Williams CJ/p>

itorialorial Noal Note: Derived from the Cohe Court’s electronic records and believed to be correct and final.