Crown v Peyroux [2011] CKHC 72; CR685.2011 (15 December 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR 685-686/11

POLICE

V

PURETU PEYROUX

Hearing: 15 December 2011

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

Sentence: 15 December 2011

SENTENCING NOTES OF GRICE J

[1] Ms Peyroux you are appearing here on two charges for sentencing. You have pleaded guilty to those charges. The first was that on the 1st November being a servant at the Bank of the Cook Islands (BCI Bank) with intent to defraud to falsify a document namely a withdrawal slip in the name of Ina Tamorarua in the sum of $234. And the second charge is that being a servant at the BCI Bank with intent to defraud to falsify a document namely a withdrawal slip in the name of a third party in the sum of $1,400 and that was on the 2nd November.

[2] Now those offences are serious offences. They each carry a maximum period of imprisonment of seven years. That indicates how serious they are. From the facts which have been outlined to me, you have filled in the withdrawal slip because at the end of the day you found when you cashed up that you were short of a $100 on the 1st November so you altered the slip and then went through the computer system and altered that to match the alterations. And the second one you did exactly the same thing, except you altered the slip more substantially by a further amount of $100. On both occasions it seems the alterations were to cover up shortfalls.

[3] The Statement of Facts says that you admitted it freely and that you were co-operative with the Police and remorseful. Your counsel tells me you did it because you were scared of not being able to make up the shortfall because of your mistake during the day. You have reimbursed the money to the Bank which is positive.

[4] The fact that you were trying to cover a shortfall means that at least you didn't intend to steal the money but it is no excuse, and it happened twice. It has made things worse for you as now you have got no job and you are dependent on your grandmother and she would likely have been happy to loan you the money to keep the job.

[5] The crown has suggested that you be convicted on each charge and then called, and then a sentence is that you be ordered to come up for sentence within a period of six months if called upon. So that's called a suspended sentence.

[6] Your counsel has outlined your circumstances and urges me to be lenient in the sentence. It sets forth a number of mitigating factors, the fact that you are only seventeen years of age, you co-operated with the Police throughout the investigations, you pleaded guilty early, it is your first appearance in Court, you being remorseful and you repaid the money. However you breached the trust that your employer had on you and that's particularly important for bank employees or for any employees the Bank must be able to trust their tellers, and you did it twice. So they are two factors that I must take into account.

[7] The Probation Report has outlined your circumstances, you live with your grandmother who is very supportive, says that you are shy and quiet, and she couldn't ask for a better grandchild. She is concerned now for you and your future and she seeks leniency for you.

[8] In the circumstances I am unable to discharge you without conviction given the offences. However I do take into account the matters that your counsel and the Probation Service have put before me. I however must take into account the principles of sentencing and they include the need for me on behalf of the community of the Cook Islands to denounce this type of offending and to put in place a sentence which will deter others from doing it. The community must be protected from this type of offending. Ordinarily on this type of offending, the minimum would be a substantial fine or even prison, but I do take into account the facts that your counsel has urged upon me.

[9] So taking all of those into account, and I have listed them earlier, I propose convicting you on each charge and then discharging you. You are now free to go.

[10] If there are any matters that you need to ask Mr Petero about, please do so, thank you.

Justice Grice

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