Crown v Ngaro [2011] CKHC 73; CR694.2011 (15 December 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR-694/11

CROWN

V

MARSHALL NGARO

Hearing: 15 December 2011

Counsel: N Ngatokorua for the Crown
L Rokoika for the Accused

Date: 15 December 2011

NOTES OF GRICE J ON SENTENCING

[1] Mr Ngaro you are appearing for sentence on a serious charge that, on 17 November 2at KiMoii Motel, you threathreatened to kill or do grievous bodily harm to Julian and Brie Zeman of Kiikii. That charge has a maximum period of imprisonment of year it is serious.

[2] The facts to the chae charge, rge, that I have heard from the Crown and your counsel, were that, on 17 November, you went to a motel seeking a young woman, whom your counsel tells me was an ex-girlfriend, although that is not in the agreed facts. Her mother spoke you and when you were asked to leave you would not. You got violent, the police arrived and you left. But, you came back and threatened to kill the complainants who were in charge of the motel.

[3] You then went home and got a bush knife and went back and, again called out to the complainants, this time threatening to kill them, while holding the knife.

[4] The police arrived again, you tried to escape and they caught you.

[5] That is a pretty serious set of circumstances; not once, not twice, but three times you went back to that motel.

[6] The Crown has made submissions noting that you were under the influence of alcohol, but also that it views this offending as very serious, violence toward people you did not know and at a tourist location.

[7] The Crown did note an early guilty plea, that you are a first time offender and very young and remorseful. The Crown indicated 12 months' probation with a special condition to attend alcohol counselling. Later, Mr Ngatokorua suggested that it be in the Court's discretion, given your family wants to leave the Island at the end of the month.

[8] The probation report noted that you come from a good family, your father is present today and must be very ashamed of you, however, they want to keep an eye on you and take you with them when they leave on 30 December 2011.

[9] You are in employment and earning $230 a week. Your mother takes out various costs and it is suggested that you are a hard worker.

[10] As both the Crown and Ms Rokoika have said, the community requires these types of offences to be treated seriously. I am required to pass a sentence which denounces them and I am required to pass a sentence that punishes you for this offence, which holds you accountable, and also deters others from similar offending.

[11] That sentence must reflect the gravity and seriousness of the offence and it also must take into account the effect on any victim, which we have not got details of here.

[12] At the same time I have got to look at the particular circumstances that surround you and any mitigating circumstances. I must look at your family and background and impose the least restrictive sentence that is appropriate in the circumstance. I must also consider rehabilitation, as your counsel, Ms Rokoika, submitted.

[13] The aggravating features in this offence are the fact that you went and got a knife, it is no defence to say that you were blind drunk and didn't know what you were doing at all, in fact that makes it rather the other way. That you were persistent, you came back on a number of occasions.

[14] However, on mitigation, your lawyer points to the fact that it is a first offence, that you are very remorseful, you come from a good home and a supportive family, and also your youth. Ms Rokoika points to your co-operation with the police and a very early guilty plea. Were it not for these factors we could well have been looking at imprisonment in this case.

[15] But for the submissions I have heard this morning, I would have been looking at probation with a condition that you attend counselling. However, having heard from your counsel, taking into account the issues in the probation report, and the fact that your family are planning to leave the jurisdiction and it seems better that they are with you and take you with them, rather than you stay unsupervised, I have reconsidered imposing probation.

[16] If you continue with alcohol and this type of offending you are going to end up in jail sooner or later. So this is a warning. I am sure jail is not a prospect for your future that either you had in mind or your family has in mind for you.

[17] I take into account that it is your first offence, your remorsefulness, the early plea and, particularly, that you need to leave the jurisdiction and so it is inappropriate to apply probation.

[18] Ms Rokoika rightly did not submit that a suspended sentence would be appropriate; I think that was a very solid submission, but did submit that a monetary fine would be appropriate and that you would be able to pay it or borrow it from your father.

[19] On this occasion I am going to impose a fine. It is going to be a heavy fine to show you how serious this is.

[20] On this offence, for which you have pleaded guilty and been convicted, I impose a fine of $1000 together with Court costs of $30.

[21] If you need to make arrangements for payment you can talk to Ms Rokoika and she will tell you what to do. If you do not understand anything that I have said, again Ms Rokoika will tell you.

[22] You may go. I would just like to note that, thanks to Ms Rokoika for helping in this matter, she was able to bring the issues before the Court that needed to be brought before the Court.

[23] You may go now Mr Ngaro and take this as a very severe warning.

Justice Grice

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