Police v Jim [2010] CKHC 59; CR426 and 428.2010 (30 August 2010)

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

CR NOS. 426 and 428/2010

POLICE

v

ABRAHAM JIM

Date: 30 August 2010

Counsel: Senior Sergeant Manavaroa for Informant
No representation on behalf of Offender

Sentence: 30 August 2010

SENTENCING NOTES OF HUGH WILLIAMS J

Solicitors:
Senior Sergeant Tuaine Manavaroa, Police Prosecutor, Avarua, Rarotonga, Cook Islands

[1] Mr Jim, you pleaded guilty to two charges of using a document with intent to defraud on 28 and 30 June this year. You say you were given a Handy card by some other man whom you do not know, apart from knowing him as 'JJ', and you took up to $1,500 out of somebody's bank account.

[2] You are about 20 years of age. You come from a good family, the fourth out of eight children. You have had a really good home background. You have had a reasonable education and you have a reasonable employment record. You are good at sport, and yet you find yourself here in the dock with two serious charges where you can be sent to jail.

[3] You are fortunate that you have got a good family to help you. Your aunty obviously is very good to you. She paid the money back, so the person whose Handy card was stolen is not out of pocket, and now you really owe your aunty that money don't you. You are obviously pretty remorseful for what you have done. The Probation Service describes what you did as a result of a thoughtless attitude, and I could not have put it better myself. It was a silly thing to do. You fell into bad company and despite your good family and your good record and your being good at sport, you committed two serious offences.

[4] You have no previous convictions. You pleaded guilty as soon as you possibly could, and that will help. Both the Probation Service and the Police suggest I should discharge you without conviction. Well, despite the seriousness of these offences that is what I am prepared to do. But you need to understand you only get one chance of leniency in things like this. If you continue to offend dishonestly then you have only yourself to blame. So you are very lucky, it is with leniency that on these two charges I will discharge you without conviction. If you offend again then, as I have said, you have only got yourself to blame.

Williams J