Police v Nicholas [2011] CKHC 84; CR 504.11 (8 September 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO. 504/11

POLICE

v

DANE KEVIN BRADLEY NICHOLAS

Hearing: 8 September 2011
Counsel: C. King for Police
C. Petero for Defendent

Sentence: 8 September 2011

SENTENCING NOTES OF THE HONORABLE WESTON CJ

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

[FTR 09:04:30]

[1] Mr Nicholas, you are here for sentence in relation to a charge of possessing a utensil which you used to smoke cannabis and to which you have pleaded guilty. The maximum penalty for this is substantial. Five (5) years imprisonment or $5,000 fine, or both. You pleaded guilty at an early date and you are clearly entitled to a discount for that.

[2] I have read the probation report which sets out your background. It explains the circumstances in which this has happened, emphasising you are a first offender and it also emphasises your good qualities. I've read what the Crown has to say. They've recommended that you have six months community service. Ms King explained that the Crown's not seeking a term of community service and imposition of probation in addition to that.

[3] Mr Petero on your behalf has submitted that the penalty should be one of probation with the possibility of a fine in addition.

[4] I have taken all of this into account. It's important in sentencing defendants such as yourself in relation to cannabis offending to recognise that in the Cook Islands cannabis offending is seen to be an increasing problem and something needs to be done to send that message to people. I've also taken account of the recent decision of Justice Hugh Williams who has indicated that an appropriate starting point in relation to cannabis offending may well be a sentence of imprisonment. I am satisfied that in your case imprisonment is not needed.

[5] I am going to sentence you as follows:- You will be placed on 12 months probation, reporting weekly. You will attend any workshops or counselling as directed by the Probation Service. You will serve, during the course of that, 3 months' community service, and you will receive a $300 fine as well.

[6] Finally you have to pay $30 court costs on top of that fine.

[7] I make an order that the utensil be destroyed.

_______________________
Tom Weston
Chief Justice

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