Crown v Tutai [2011] CKHC 65; CR237.2011 (28 July 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CRN 237-240/11

BETWEEN

CROWN
Informant

AND

TASHI TEURUTAKE TUTAI
Defendant

Hearing: 28 July 2011

Counsel: Mr T Manavaroa for Informant
Mr N George for Defendant

Sentence: 28 July 2011

SENTENCE OF C NICHOLSON J

[1] Mrs Tutou have pleaded guilty tlty to two charges of selling or renting uncensored DVDs. The maximum penalty for each offence is a fine of $5,000.

[2] The facts were that on 23 December&#160 there was a js a join joint operation of DVD inspection involving the Police and the Censor Inspector from the Censorship Officey visited your store, the Tumeke DVD store at Nikao, and you were there initially but came came at their request. An inspection showed that there were a total of 339 uncensored DVDs in the store. The Police confiscated these.

[3] You said that you held a renter's licence and imported movies, sports and TV series DVDs from the United Statesmerica, and that most most of the DVDs in your store were censored except for the 339 identified by the Chief Inspector. So, upon the basis of that inspection anfiscation, you face the first charge under CRN 238/11 that that between 17 February 2010 and 23;Decembecember 2010 you offered or exposed those DVDs for rent or sale.

[4] As a result of information received the Police and the Chief Inspector retuto your store on 3 February 2011made a second cond insd inspection, you were out of the country at that stage, and 39 uncensored DVDs were found and confiscated. It is on the basis of that that the charge was laid under CRN 240/11 of selling or renting uncensored DVDs between 23 December and 3 February 201y 2011.

[5] In the sentencing of Mr Hosking earlier today Mr George red for him, pointedinted out that this was the first time anyone has been charged under this Act and that there has been tsencenformation and notice from the Censor's Office about the selling and renting of u of uncensncensored DVDs. He asked that I take those factors into account together with the other factors of the realities of financial business in the Cook Islands in assessing fines.

[6] I do so and I sentence you upon the basis that you have accepted responsibility by pleading guilty to both charges, that this is the first time you have been charged with any such offence, and that for the re-offending there was not that great number of DVDs involved. I also take into account that you have suffered the loss of the DVDs which were confiscated.

[7] For virtually the same reasons as I gave when sentencing Mr Hosking, on the first e rele relating to 2010 I convict you and fine you $500 and order you to pay Court costs of $30. On the second charge relating to offending between 23 Dece2010 February 2011 I c1 I convict you and fine you $100 pl00 plus Court costs $30. For both instances DVDs confiscated, the confiscais confirmed.

[8] That is the sentence and I trust, Mrs Tutai, in light of thof the visits which sparked off these prosecutions and your having to go through the Court process, you will take special care to ensure that all the DVDs that you have ir store from now on are censored.

C Nicholson J

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