Police v Garnier [2011] CKHC 9; CR 41 of 2011 (11 March 2011)

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

CR NO. 41/2011

POLICE

V

TAMAROA SHANE TEREAU GARNIER

Hearing: 11 March 2011

Counsel: Mr T Manavaroa for Police
Mr Norman George for Defendant

Sentence: 11 March 2011

SENTENCING NOTES OF HINGSTON J

T Manavaroa, Crown Law Office, Avarua, Rarotonga
N George, Norman George & Associates, Avarua, Rarotonga

[1] Mr GarnI followed Mr Geor;George's eloqplea on y on your behalf. I am not going to give you a lecture. You obviously know it is wrong and it was a stupid thing to do. But I do mention that over ears e noticed the ince incidents of marijuana or cannabis proseprosecutions are increasing on the Island, and you are just another statistic as far as that is concerned - but it is very worrying.

[2] I take on board what the Probation Officer and Mr George have said. This was not as serious as most of the matters like this that come before the Court. However, as I indicated to Mr George, I am prepared to take the recommendations as to sentence that the Probation Officer has provided. This is giving you a chance, to ensure that your clean sheet is not that blemished because if you get caught again you will be convicted and, of course, you will not be able to travel to a lot of the places that you would like to. So that is something to take on board. That is what you are laying on the line if you get into drugs again.

[3] I am going to adjourn this matter for six months. If you get into no trouble at all you will be discharged without conviction pursuant to s 112 o Criminal Justice Act. Act. Stand down.

Hingston J