Police v Arioka [2012] CKHC 25; CR511.2012 (7 September 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR no's 511/12, 700-702/12

POLICE

v

TEMOTU ARIOKA

Hearing: 7 September 2012
Counsel: Ms C King for the Police
Mr C Petero for the Defendant

Sentence: 7 September 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Arioka, you are here today for sentencing have pleaded guilty to 4 charges, the most significant of which is a burglary of the Whatever Bar which took place on 11 July 2012. You stole alcohol to the value of almost $1,000. Following that you were on bail terms which you then breached and you have 2 charges arising from that breach which occurred on 4 August 2012 and another charge on 6 August 2012.

[2] The Crown has recommended sentence based on a mixture of community service and probation with an order for reparation. Ms King candidly acknowledged that the reparation was a trade-off for what would otherwise probably be a custodial term. She also suggested that the 3 charges of contempt should be sentenced as concurrent terms of community service.

[3] The Probation Service have provided a report. You are staying with your mother and she is helping you to stay on the straight and narrow although, frankly, at the age of 21 years you should be better able to do that yourself. At some point Mr Arioka you do need to grow up and be responsible for your own behaviour.

[4] The Probation report tells me that you are earning $200 per week but I understand from you that that is not correct. That is, you say you work for love but it may be the case that your mother will stand behind you in relation to payments of reparation. Mr Peter was not able to assist with how much she could afford to pay and when.

[5] You do have a previous conviction of unlawful taking. It seems to me you were treated very leniently on that occasion when the matter was adjourned for six months to be followed by a discharge without conviction.

[6] I also note that the owner of the Whatever Bar has been consulted by Probation and he has expressed a desire both that you be treated severely and also that reparation be ordered. The reality though is that if I were to sentence you to custody there would be no real prospect of reparation and vice-versa. It seems to me the best bet in all the circumstances is to impose a sentence of community service and probation together with an order for reparation.

[7] Consequently I sentence you to a term of 18 months probation with the first 12 months of that to be served on community service. The terms of that probation are to include that you will make reparation of $997.36 to the Whatever Bar & Grill. You will not purchase or consume alcohol or drugs. You will not enter licensed premises. You will attend any training or workshop that as ordered by the Probation Service.

[8] I understand that it likely that your mother will be travelling to New Zealand next year and has suggested that you will be able to travel with her. At the moment that will not be possible because of the order for probation and community service. Mr Petero has signalled that he would apply for variation. Let me make it clear that your chances of a variation will be greatly improved if the reparation has been completely effected by that time.

[9] You are sentenced in addition to pay Court costs on each of the 4 charges of $30 each.

_______________________
Tom Weston
Chief Justice