Police v Wilson [2011] CKHC 86; CR495-496.11 (8 September 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO. 495-496/11

POLICE

v

BLAIR ADRIAN WILSON

Hearing: 8 September 2011
Counsel: C King for the Police
C Petero for the Defendant

Sentence: 8 September 2011

SENTENCING NOTES OF THE HONORABLE WESTON CJ

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

[1] Mr Wilson, you appear before me for sentence on two charges. The first is possession of cannabis. The amount of that cannabis is not clearly before the Court and I do not know whether that amount is a big amount or a small amount. The maximum penalty is a term of imprisonment of up to two years, a fine of $5,000, or both. You also appear for sentence in relation to a charge of cultivation and that is regarded as a more serious offence which carries a term of imprisonment of up to 20 years.

[2] The materials before me show that the two plants found at your house were both in excess of a metre high, and thus, this is reasonably serious cultivation on your part.

[3] The Crown's submissions do not seek imprisonment. I suspect in that you are lucky, because your case must be very close to the point at which imprisonment would be expected. The Crown has sought 12 month's community service.

[4] Mr Petero, who has advocated on your behalf, has referred to the many mitigating factors that exist in your case. He has suggested 12 months' probation with three months to be served on community service and a monetary fine of $500.

[5] In the course of his submissions, he has drawn attention to the testimonial that your employer has given you. As I mentioned during the course of submissions, that testimonial can be described as "glowing" and I suspect that it is one of the main reasons why the Crown has not sought a term of imprisonment for you. It is certainly a very powerful reason for me not to be considering a term of imprisonment. However, the obvious point is, which I am sure is apparent to a man of your intelligence, that if you come here again, imprisonment is highly likely.

[6] There will be a mixture of probation and community service in your sentence. I am going to sentence you on each charge (to be served concurrently) to 12 months' probation with terms that you undertake any counselling or workshops as directed. Eight months of that 12 months will be served on community service. You will also be fined $500 on each charge, plus $30 Court costs.

[7] Thank you Mr Wilson. You may stand down.

_______________________
Tom Weston
Chief Justice

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