Crown v Baniani [2010] CKHC 54; CR520.2010, 521.2010 (16 July 2010)

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

CR: 520/10, 521/10

BETWEEN

THE CROWN

AND

EIAO BANIANI

Hearing Date: 16 July 2010

Court: Nicholson J

Appearances: Miss Evans for the Crown
Mr N. George for Defendant

JUDGMENT OF NICHOLSON J

[1] First, I convict you Mr Baniani on the charge count 1 in accordance with the Jury's verdict. You are remanded for sentence, now that sentence will need to be next Friday Mr George. I have a Parole Board Hearing at 1; I have a sentence at 1:30. So if we put this down for 2 o'clock this coming Friday for sentence.

[2] I am going to remand Mr Baniani on bail, pending sentence but on the condition that he in prior of the Probation Officer or the Court about a settle time when he has to go and see the Probation Officer so that a Probation Officer Report present report can be prepared as soon as possible.

[3] So I order a pre-sentence with the Court with a request that it to be done as soon as possible to enable sentencing next Friday afternoon.

[4] I make it a condition of bail that he presents himself at the Court House at 9 o'clock next Monday morning which will be the 19th so that he remains here until he is interviewed by a Probation Officer or told to go away and come back at another suitable time. And then having being interviewed by the Probation Officer you're to come for sentence at 2 o'clock next Friday.

[5] So, I order that a victim impact statement be prepared and supplied to the Court, copy to the defence counsel as soon as practical but in time for sentencing next Friday.

[6] Mr Baniani, order that you not leave the present of the Court until you have signed a bail bond that will be prepared and ready for you hopefully in the next quarter of an hour so. So you remain in Court until you've signed your bail bond.

C M Nicholson J

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