Queen v Henry - Sentence [2011] CKHC 69; CR627.2011 (9 December 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CRI-627/11

THE QUEEN

V

TITAINA HENRY

Hearing: 09 December 2011

Counsel: N Manavaroa for the Crown
W Rasmussen the Defendant

Sentence: 09 December 2011

SENTENCING NOTES OF THE HON JUSTICE GRICE

[1] Ms Henry, you have pleaded guilty to a serious offence; a charge of driving while under the influence of alcohol, causing bodily injury to your friend, to Anikore Matua. This happened recently, on 2 October 2011, and I note you quite quickly spoke to Mr Rasmussen and entered a plea of guilty to the charge.

[2] The offence, as I am sure Mr Rasmussen has told you, iioserious. It has got a maximum period of imprisonment attached to it of 10 years and a fine of $10,000. As well as that I must order you to be disqualified from driving or holding a driving le for a period of time up t up to three years.

[3] The incident has been outlined in Court and I have heard Mr Rasmussement on that. You hYou had clearly been drinking all night. It seems to be a culture with you and your work friends. You got on e bike. I think you thought twice about it but then, probably because you had been drinkingnking alcohol, you did not take heed of your common sense. You got on that motorcycle and not only did you get on it, but your friend got on as pillion.

[4] You were off to have a further few drinks when you had the accident. Luckily there was no innocent party driving the other way involved. It sounds as though you probably hit the bridge. You cannot remember what happened. You had had at least eight bottles of Steinlager and you were clearly substantially under the effects of alcohol. Luckily for you, the injuries that both you and your friend sustained were abrasions and were not very serious. That seems to be pure luck.

[5] Ms Henry, I have carefully listened to the submissions, both of Mr Manavaroa on behalthe policpolice, and of Mr Rasmuon your behalf. I have have considered the report of the Probation Service, and you have heard me asking the Probation Service awhat optionsavail vail Mr Rasmussen has pointed to soto some matters I will will take into account to your benefit. This is your first offence. Your ftime e a C which hich is positive.

[6] Secondly, dly, you come from a very strong family, gly, good Christian values. You are bringing up your daughter. You live with your sister and her family. I am told it is a happy, strong environment and you work with your sister. I understand you are a dependable and trustworthy employee, very reliable, especially when you are asked to cover other people's shifts. You are committed to work and even when you were recovering from the accident you made sure you went to work. You have got a steady income of $300 a week, most of which is committed, and I see you are putting some savings away for your daughter.

[7] However, in the probation report your family has expressed concerns with your alcohol, and I have heard from Mr Rasmussen who says thu are are conscious of this, you would be receptive to counselling, but there is a work culture that seems to promote alcohol and drinking, and that is what led to the present incident.

[8] Alcohol does block good judgement, as you well know. Unless you take it seriously you could be up here before the Court again on something more serious. Something like this or if a child was involved you, as a mother, would know how awful that would be. Your sister clearly cares for you greatly, but she is concerned about your alcohol drinking and anxious you do something about it.

[9] As Mr Manavaroa said, you could go to prison for these offences and it is likely if anything like this happens again, that that would be a very real possibility.

[10] As we heard, the principles of a sentencing require me to take into account that this is a serious offence. You voluntarily drank alcohol, you then got on your motorbike, and in the course of that driving you injured someone. Weighing in your favour, however, as I have said, it is your first appearance; you made an early guilty plea (which I certainly will take into account) so you did not put everyone through a Court case; you have expressed remorse and your intention to do something about the drinking. You have apologised to the injured person, a friend of yours.

[11] The Court, however, must take into account the fact that you must be held accountable for this offending. You have to bear responsibility for it and the Court must denounce the serious nature of the offending and impose a sentence that will deter similar offences. The sentence that I pass must reflect Cook Island community's concern about drink driving in the islands. That is an important factor.

[12] Taking those factors into account, I would have started with an 18 month disqualiion and imposimposed a $1000 fine. I was also considering probation, supervision with counselling conditions but having heard from the Probation Service, ims thue has not bnot been discussed with you and it would buld be inappropriate of me to impose that at the present time.

[owever, I have taken into account the issues that Mr Rasmussen pfore me and I im I impI imposed a sentence of:

• (a) 12 months' disqualification from holding or obtaining aer's licence.
  
• (b) A $500 fine to be paid.
  
• (c) Court costs of $30.
  

[14] In the circumstances it is not appropriate I impose probation supervision.

[15] I understand that you may need your licence to get to work. You may ask your lawyer to apply for a limited licence for that purpose later.

[16] The disqualification term will start immediately.

Justice Grice

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