Police v Tekoronga [2010] CKHC 6; CRC 423 of 2010 (10 September 2010)

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

CR NO. 423/10

POLICE

V

BOBBY TEKORONGA

Hearing: 10 September 2010
Counsel: Senior Sergeant Manavaroa for the Police

C Petero for Accused
Sentence: 10 September 2010

SENTENCING NOTES OF HUGH WILLIAMS J

Solicitors:

Snr Sgnt T Manavaroa, Police Prosecutor, Avarua, Rarotonga,
C Petero,

[1] Mr Tekoronga, you appear for sentence here this morning on one charge of cultivating cannabis, you having pleaded guilty to that charge at the first possible opportunity, a fact which stands you in good stead.

[2] The summary of facts says that a complaint was made by one of your relatives to the Police that you had planted five cannabis plants near your house. They were about three inches tall at the time they were uplifted by the Police. You said that you saw some seeds inside a cigarette packet and took them home, planted them and looked after them thereafter. After five days they germinated. You said they were there when the Police were called.

[3] The Senior Sergeant is quite correct that this sort of offending is regarded seriously in the Cook Islands. You could go to jail for 20 years for cultivating cannabis, and the Cook Islands takes a very stern view about people who try growing marijuana. But this is a small number of plants grown probably for your own use and there simply was not enough cannabis for it to be grown commercially by you, so you may be fortunate in that regard.

[4] The Probation Service testifies to your good family background, which is supported by the fact that you have family members in Court here today. The Probation Service says that at the age of 19 you have been very remorseful for your offending on this occasion, the first time you have been before the Court, and they recommend a hefty monetary fine.

[5] Mr Petero submits that I should discharge you without conviction because you have an apprenticeship organised with an uncle in Australia.

[6] It is not possible to levy a fine on you because you have no money and no job. The fine would have to be met by your family and that is most unfair.

[7] I had considered placing you on probation but I am prepared to give you one chance. If you have a conviction against your name for cultivating cannabis I think you will find that the Australian Immigration Authorities will bar your entry into Australia. You have a chance to make something of your life under your uncle's guidance in Australia with an apprenticeship from the beginning of November, and I am prepared to give you that chance.

[8] The list of sentences handed out over recent years in this Court for cultivating cannabis shows that most people go to jail for it, but they have usually offended with more cannabis plants than you had. So you can count yourself fortunate. You have one chance. If you offend again in the Cook Islands, particularly in this sort of way, you will almost certainly go to jail. On this occasion you are discharged without conviction.

Discussion between the Court and counsel.

[9] Well, Mr Tekoronga, we have all been working on the basis that this is the first time you have been before the Court. You have some outstanding fines so it is not the first time you have been before the Court. The Senior Sergeant says you have been before the Court with excess breath alcohol driving charges.

[10] Well, I will stick by my previous decision. You will be discharged without conviction on this charge, but if you were fortunate to get that result on the cannabis charge previously, you are even more fortunate now that we know that there are outstanding fines for traffic matters which your mother is going to have to pay. You can count yourself very lucky indeed.

[11] Stand down.

Williams J