Police v Mitchell [2012] CKHC 26; CR532.2012 (7 September 2012)

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

CR no. 532/12

POLICE

v

CELINARAE MITCHELL

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

Sentence: 7 September 2012

SENTENCING NOTES OF WESTON CJ

[1] Ms Mitchell, you are here today for sentence having pleaded guilty to a burglary charge. The burglary itself was minor in that only a small amount of food of limited value was taken. However, the offence itself is a significant one because burglary is rife in Rarotonga and it is a matter of concern to many people. There is also the aggravating factor that in this case you went into someone's house and took the food.

[2] The Police seek a term of 12 months probation with the first 3 months to be served on community service. The Probation Service have a slightly different approach which is to seek 2 months community service within a 12 month term of probation.

[3] When I came onto the bench today I was inclined to take a much tougher stance than both the Police were seeking and Probation were recommending. I was concerned that you did not seem to be taking any real responsibility for yourself because amongst other things, the Probation report said that you did not have a job and you were content to rely on financial support from other people.

[4] I am delighted to hear today that you now have a job and I see that as a very positive step in your life. I hope that this sort of offending will never occur again. Obviously if it does you will come back in the Court and the chances are you will go to prison for any second offence.

[5] Today, however, I am going to take a more generous approach than my initial inclination. I propose adopting what the Probation Service has recommended which is that there will be total term of 12 months probation, the first 2 months of that will be served on community service.

[6] During the term of your probation you will do such courses and such other activities as you are ordered to by the Probation Service.

[7] There will be a curfew between the hours of 7pm and 7am but that curfew is subject to you being able to attend your new job as a waitress and you will need to sort out the details of the timing for that with Probation so that there is a half hour envelope as necessary at the beginning and the end of that to allow you time to get home after you have done your work as a waitress.

[8] I also need to order you to pay $30 Court costs on the one charge for you have pleaded guilty.

_______________________
Tom Weston
Chief Justice