Police v Rongo [2011] CKHC 63; CR229 & 375.2011 (28 July 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CRN 229/11 & 375/11

BETWEEN

CROWN
Informant

AND

OKOTAI RONGO
Defendant

Hearing: 28 July 2011

Counsel: Mr T Manavaroa for Informant
No Appearance for Defendant

Sentence: 28 July 2011

SENTENCE OF C NICHOLSON J

[1] Mr Rongo, you have pleauilty tlty to and been convicted of two offences. First, that on 23 January this year you drove orcycle unde under the influence of drink or drugs and caused bodily injury to Edwin Mataio. The maximum sentence for that offen imprisonment for a term not exceeding 10 years or a fine not exng $1ng $10,000 and dind disqualification from driving.

[2] The second offence is that on that day you drove the motorcycle while the proportion of alcohol in your blood exceeded thecribed limit. The maximum pmum penalty for that offence is imprisonment not exceeding 12 months or a fine not exceeding $1,000 and disqualification from driving.

[3] The facts of the offending was that on 23 January this year you were driving a mocorcycle towards Arorangi, Mr Mawas driving a motorcycle ycle in the opposite direction towards Avatiu, and near the NCICC h you veered into the incorrect lane into the path of Mr Mataio's motlecycle. You. You. You collided with that motorcycle and you skidded down the Main Road coming to stop beside an empty section. Mr Mataio received a dislocated right ankle and his motorcyas badly damaged. Both he a he and you were taken to hospital for treatment and a blood sample taken from you showed that you had 245lligrams of alcohol per litre of blood. The legal limit is t is 80 milligrams, so you had over three times the permitted amount. You admitted to the Police that you drunk a one and a half litre bottle of home brew from work and another one and a half one litre bottles of home brew after that at home. You couldn't remember being on the Main Road at Nikao or the crash.

[4] The victim, Mr Mataio, has receivrmanent ient injury to his ankle and his motorcycle was damaged with the cost of repair being $1,680. He also incurred medical expenses.

[5] For the Police Mr Manavaroa agrees with thommecommendation of the Probation Officer that you not be sentenced to imprisonment, but that you be sentenced to 12 months probation supervision with eight&#16ths of that to be community service; that you also be subjesubject to special conditions about not consuming alcohol and paying reparation, and also undergoing such training as the probation office requires.

[6] The probation reports on your age. You have just turned 19 now. You have had previous convictions. In February 2009 you were convicted of failing to stop and dangerous driving, fined $200 in costs and disqualified from driving for 12 months. On 14 May 2009 you were convicted on two charges of driving while disqualified. You were fined $200 in costs and put on Probation Service for 12 months, six months of which were community service.

[7] The Probation Officer advised that people he spoke to described you as being very generous and considerate and caring for your family, you have lots of younger brothers and sisters and you are regarded as the father figure to them. You provide very much for your family by money when you are working and support. You expressed remorse for what you had done and sought leniency for the sentence. You said that you had learnt from this experience without doubt and that you would not repeat driving offences, particularly involving alcohol. Your mother asked that you not be imprisoned and that you face up to having to pay restitution to the innocent victim for damage to his motorcycle and his medical expenses. So because of your age, the support of your family and their need for you and your remorse the Probation Officer recommended a sentence of 12 months probation supervision with 9 months community service with special conditions about compensation and not consuming alcohol.

[8] As I told you earlier, normally the sentence for such a serious offence of drunken driving causing injury would be imprisonment and you came close to getting that today. However, because of your age and the matters I have said about your relationship to your family and their need for you I am going to adopt the Probation Officer's recommendation.

[9] I therefore convict you on both charges and on each sentence you to 12 months probation supervision, the first eight months to be community service with the special conditions:

1. That you abstain, that means you do not drink alcohol or purchase it.

2. That you not go into any licensed premises without the approval of the Probation Officer.

3. That you attend any workshop conducted by the Probation Service.

4. That you pay reparation of $1,680 for the motorcycle damage and $270 for medical expenses to Edwin Mataio.

5. You are disqualified from driving any vehicle from 12 months from today.

[10] The sentences on both charges are concurrent, namely that is a total sentence which relates to both of the offences.

[11] Now, Mr Rongo, you have got what is regarded as a light sentence. Normally I would have sentenced you to imprisonment to send a message to you and to other members of the community about not drinand driving, and everyone is fortunate that your actions dins did not result in death to either the other innocent motorcyclist or yourself, and it well could have, and often does. So I hope, as you have said to the Probation Officer, you have learned from this experience and that you will not drink and drive again. If you do, and you are caught, you can fully expect that you will go to prison. You have had your chances, take advantage of it.

[12] So, you will be free to leave the Court after you have signed all the necessary papers relating to your Probation Service and the conditions.

C Nicholson J

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