Police v Enua [2011] CKHC 7; CR 105 of 2011 (9 March 2011)

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

CR NO. 105/2011

POLICE

V

NGATUAKANA NOOROA KI MAUKE ENUA

Hearing: 9 March 2011

Counsel: Mr T Manavaroa for Police
P Obeda, Probation Services

Sentence: 9 March 2011

SENTENCING NOTES OF HINGSTON J

T Manavaroa, Crown Law Office, Avarua, Rarotonga
P Obeda, Probation Services,

[1] Mr Enua, you were dealt with on a drink driving charge in the Justices of the Peace Court for careless driving. The charge before me is because you caused injury. You know it is not a good idea to drive after you have been drinking so I do not need to give you a lecture on that, other than to say that you have a very good report and they recommend against you going to jail. However, one hopes the sentence the Court gives you today will give you time to think and to not drive while you are disqualified or drive whilst you are drunk – and more so not to run into somebody when you are doing that and injuring them. It could have been a lot worse.

[2] Your report recommends 12 months of probationary supervision. You are prohibited from drinking any alcohol. If you are caught drinking you can be locked up again and brought back before the Court, and the Court will be much less kind if that happens. You are not to go into any places that are licensed premises – any places that sell spirits or beer. You cannot go into any licensed places other than to the Salsa Café and the Rarotongan – where you work as a bouncer. That is what is recommended and I see no reason to differ from that. So that, as I read out, is the sentence. Stand down.

Hingston J