Police v Tuaivi [2011] CKHC 85; CR428.11 (8 September 2011)

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

CR NO. 428/11

POLICE

v

KURA TUAIVI

Hearing: 8 September 2011
Counsel: M. Henry 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 09:31:10]

[1] Ms Tuaivi, you appear today for sentence in relation to a driving offence that you caused bodily injury through careless use of a motor vehicle. You have pleaded guilty. The maximum penalty for this is five (5) years imprisonment or a fine not exceeding $5,000.

[2] Having read the materials that I have, I am satisfied that the accident which occurred really was an accident. You certainly were careless, but your culpability is at the lower end of the scale and this is certainly not a case where imprisonment is in order. Indeed, the Crown has not sought imprisonment. Ms Henry appearing for the Crown has sought a term of community service of six months which would be served as part of a 12 months probation and the Crown has also sought reparation for medical costs of $145 and repairs to the motorbike of $722.80.

[3] Mr Petero who appeared on your behalf argued that you should be discharged without conviction subject to an order for reparation. I have explored that prospect during the course of submissions and it appears to me there is very little prospect that you could make reparation. You receive a government payment of $150 per month and, other than family assistance from people outside your household, that is the extent of the income to your household. I do not think this is a case where you should be discharged without conviction. Equally though, I do not think you should receive a savage punishment for what was essentially a mistake on your part.

[4] I am going to sentence you to 12 months probation. I will not require any community service on your part. I will make an order for reparation for the medical expenses and the motorbike in the sums I have already mentioned. You are also ordered to pay court costs of $30.

[5] In relation to reparation, I direct that each month $5 is to be paid by the accused to the Probation Service on account of that reparation and they are to monitor that process to ensure that that is an appropriate payment.

_______________________
Tom Weston
Chief Justice

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