Police v Dean [2011] CKHC 70; CR605.2011 (15 December 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR 605/11

POLICE

V

TUIATE TERAITUA DEAN

Hearing: 15 December 2011

Counsel: N Manavaroa for the Crown
C Petero for the Defendant

Sentence: 15 December 2011

SENTENCING NOTES OF GRICE J

[1] Mr Dean it is a serious offence and you are charged and have pleaded guilty to that offence which is that on the 21st to the 23rd September 2010 you did induce a young male to do an indecent act on you. That offence under the Crimes Act is an offence under s 154 and carries with it a maximum period of imprisonment of five years.

[2] The facts that I have heard today tell me that you took the young victim through to another room away from the family to have a wrestling game which ended when you got the victim to suck your penis. Luckily the victim's older brother went passed and saw it, the victim was only very young.

[3] To your credit you have no previous convictions, you were only sixteen years at the time of the offending.

[4] The Crown suggests that the starting point on this is normally a penalty of imprisonment but suggests a rehabilitative approach be taken in this case. And the Probation Report says you are staying with a supportive family, you are hard working, and they have spoken to the mother of the child who says she is upset and angered, does not know how this is going to affect him, but there is no signs of problems emerging which is good.

[5] And I have heard Mr Petero put forward a number of mitigating circumstances on your behalf. The aggravating factors in this case are that it was a very young child that was involved, that he trusted you, he went with you and he utterly trusted you. You took him away to a quiet area and breached that trust.

[6] Now I am required in a sentence to show that this sort of offending won't be tolerated by the community. I must show that the offence is denounced and establish a sentence that may deter others. It must also punish you, hold you to account, and protect the safety of the community and particularly children from this type of offending.

[7] At the same time I take into account any mitigating factors and your personal circumstances and that I must impose the least respective sentence bearing in mind rehabilitation. In mitigation, it was a one-off, you admitted it, you pleaded guilty as soon as you saw a lawyer, you were remorseful, you would expect remorse about what's happened, and I am told you had a troubled background but your family says you are a good boy and I think you have some work. So Mr Petero has outlined those factors for me and I take those into account.

[8] As I said in other circumstances without those factors a term of imprisonment would have definitely been considered. Take this as a very strong warning.

[9] However given the circumstances particularly it is your first offence, your young age at the time of offending, your remorsefulness, your immediate admission of the offence and plea of guilty, and if I didn't mention it a first offence, I propose following the recommendations of your counsel which are endorsed by the Crown and Probation Service as they have an element of rehabilitation in them.

[10] I sentence you to:

• (i) twelve months Probation supervision; first four months on community service with special conditions that you abstain from the consumption and/or purchase of liquor, that you not enter licensed premises, that you attend such training and workshops as directed by the Probation Officer, and report within 24 hours to the Probation Service.
  
• (ii) And in addition you need to pay $30.00 Court costs in this matter.
  

[11] So Mr Dean you may go now and take this as a very stern warning, you have been very lucky, thank you.

Justice Grice

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