Police v Katu [2010] CKHC 53; CR317.2010 (12 July 2010)

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

CR: 317/10

IN THE MATTER

BETWEEN

POLICE

AND

CHARLIE KATU

Hearing Date: 12 July 2010

Court: Nicholson J

Appearances: Senior Sergeant Tuaine Manavaroa for Police
Mr Charles Little for Defendant

JUDGMENT OF NICHOLSON J

[1] Mr Charlie Katu, you have pleaded guilty to, and being convicted of the offence of having possession of the controlled drug cannabis. The maximum penalty for such offence is two years imprisonment or a fine not exceeding $5,000.00.

[2] The facts of the offending are that you arrived at Rarotonga Airport from Auckland on the 18th of May this year. That the Police Drug Detective Dog indicated that you have drugs with you.

[3] Therefore, the Customs Officers asked you to go with them where they searched in a parcel. In a glad lock plastic bag which was discovered in your bag, the Police found some cannabis. It weighed 32.35 grams, with a street value of between $700.00 and $800.00.

[4] You told the Police that you didn't know that the cannabis was there and on your behalf today, Mr Little says that the explanation is, that it, was, in a garment which was in a package, which had been given to you by a friend when you left Auckland.

[5] The Probation Officer in his report advises your age of 30 years, your sound family background and personal character, you've been described as a good person by people who know you. You are married with two children one of whom is undergoing treatment of cancer in New Zealand. You have been predominantly in New Zealand with your wife and boys over the past few years.

[6] The Probation Officer recommends a fine, and Senior Sergeant Manavaroa for the Police although, emphasizing the importance of detterence, accepts a fine is appropriate.

[7] On your behalf, Mr Little emphasize your explanation that you do not have any direct knowledge of the cannabis, pointed out that you pleaded guilty at an early stage and that you have been cooperative with the authorities throughout.

[8] You said that you regretted what happened and had remorse. This you have confirmed by a direct statement to me. You have no previous convictions and this is your first appearance as a defendant in the Court of Law.

[9] Mr Little asked that in the circumstances you'll be discharged without conviction as such conviction might inhibit your travel to particularly Australia. However, it is the policy of the Court that except in exceptional circumstances where the conviction is manifestly out of proportion to its effect discharges without conviction are not given by the Court because they will be virtually sought by every first offender who was apprehended on a possession of cannabis offence.

[10] So, as a matter on deterrence it is the policy of the Court to say if the risk is taken, if the person is found in possession then they must at least have a conviction. But that being said the nature of the offence, the small amount of cannabis involved and explanation, your early plea of guilty and co-operation, you're remorse and your general good character are such that a small fine payment of Court costs is warranted.

[11] I accordingly convict you and fine you $200.00 and order you to pay in addition, Court costs of $30.00. I trust that this is the last time which you will be before a Court of Law. Stand down.

Nicholson J

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