Police v Tangatakino [2011] CKHC 80; CR 535.11 (7 September 2011)

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

CR NO. 535/11, 536/11

POLICE

v

CHRISTOPHER TANGATAKINO

Hearing: 7 September 2011
Counsel: Sergeant Tane for Police
C. Petero for Defendent

Sentence: 7 September 2011

SENTENCING NOTES OF THE HONORABLE WESTON CJ

T Manavaroa, Crown Law Office, Avarua, Rarotonga
C Petero, Rarotonga

[FTR 09:11:58]

[1] You have pleaded guilty to two charges under the Narcotics and Misuse of Drugs Act. The first is for possession of cannabis which carries a maximum penalty of two years or a $5,000 fine. The second is possession of a utensil which carries a maximum penalty of five years imprisonment or a $5,000 fine.

[2] The circumstances in which you came into the possession of the cannabis have been explained to me. While the plant material was growing in a pot, it seems that you were not responsible for its cultivation and had merely found it in your neighbour's property. In those circumstances, you have not been charged with cultivation but rather cannabis. The plant was some 18cm high.

[3] So far as the utensil is concerned, it appears that you had used that for smoking cannabis so one can assume that you have at least used cannabis from time to time.

[4] The Island is concerned at the prevalence of cannabis offending and as a result of the recent decision of Justice Hugh Williams, it is likely that penalties in relation to cannabis offending may involve imprisonment in appropriate cases. In your instance however, I'm satisfied that imprisonment is not appropriate. You pleaded guilty very quickly after your arrest, in fact a matter of some six days.

[5] As Mr Petero has said, there are substantial mitigating factors including your cooperation with the Police, the fact that this is your first appearance, you are aged 18, and you have family commitments. It seems to me that this is your opportunity to get your life back on the rails, to repay the debt that you owe to your grandparents and not put them through this sort of thing again, to act like a grownup because you are a father, you're in a relationship and you shouldn't be doing this sort of thing because it's just going to get you into trouble if you ever come before this court again. And, in fact if you do come before this court again, you may well go to prison in relation to that offending.

[6] The Police have recommended a 12 month probation supervision period with the first 4 months of that to be served on community service, and that is the same recommendation as the Probation Service have also made.

[7] Mr Petero has sought a term of 12 months supervision without community service. That I think is unrealistic. I believe that the position taken by the Police and the Probation Service is the correct one and you are sentenced to 12 months probation with the first 4 months to be served on community service.

[8] Orders are made destroying the drug and utensil.

[9] The terms of your probation are that you are to report once a week. You are to attend a workshop in relation to cannabis usage to be organised by the Probation Service. There will be a curfew for the first two months of your 12 month probation supervision and that curfew will run from 9.00 p.m. to 7.00 a.m., and you are ordered to pay $30 court costs.

[FTR 09:16:10]

_______________________
Tom Weston
Chief Justice

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