Police v Tonorio [2012] CKHC 27; CR703.12 (7 September 2012)

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

CR no's 703/12, 606/12
605/12, 619/12
697/12

POLICE

v

DANIEL TONORIO

Hearing: 7 September 2012
Counsel: Mrs R Tane for Police

Sentence: 7 September 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Tonorio, you are here for sentencing this morning on five charges having pleaded guilty to four charges of being in breach of probation terms and a fifth charge of escaping from lawful custody.

[2] The Crown submits that the last of those charges, that is, escaping from lawful custody, is the most serious one and is to be treated as the lead offence for present purposes. The maximum penalty for this is 7 years imprisonment.

[3] The Police has drawn attention to your early guilty plea as being the only element of mitigation. I have been told that there has been previous offending which has been dealt with in the Children's Court.

[4] The breach of the probation terms occurred while you were on probation as a result of a sentence imposed last year for burglary. So you do have a record.

[5] The offence of escaping from lawful custody is a serious one. The Police suggestion of 2 months for that is, in my opinion, too lenient. I believe you should be sentenced to a term of 3 months imprisonment in relation to that.

[6] In relation to each of the other four charges of breaching your probation terms, I sentence you to one month imprisonment.

[7] The various terms are to be served concurrently, so your total term of imprisonment is 3 months, less the time that you have already served.

[8] Once you are released from prison you will be on probation for a term of 12 months beyond that. There will be another curfew between the hours of 7pm and 7am and any other conditions as sought by the Probation Service including that you attend any workshops.

[9] It has been suggested by the Police that counselling assistance should be provided to you by way of a men's group. No-one in Court was too certain as to how that direction could be given effect to, but I direct the Prison Service to investigate the possibilities of providing you with counselling during the time you are in prison and the Probation Service thereafter to give consideration to the same topic once you are released on probation.

_______________________
Tom Weston
Chief Justice