Police v Dean [2012] CKHC 29; CR360.2012 (31 August 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO. 360/12

POLICE

v

PUTERE DEAN

Hearing: 31 August 2012
Counsel: Mr T Manavaroa for the Crown
Mr C Petero for the Defendant

Sentence: 31 August 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Dean, you are here today for sentence having pleaded guilty to a burglary charge in relation to offending in April of this year. Your co-offender, Mr Rata, will be sentenced later this morning for a long range of offences. I have been given your list of previous convictions. These stretch back to 2005 and include a range of offences as well as burglary offences.

[2] Mr Petero has made persuasive submissions on your behalf and I have also heard from your sister who addressed the Court. She explained that she and her husband had taken you in since your offending, that you are employed as a labourer and that they stand behind you now and are willing to continue standing behind you. I put it to you that you have let your sister and her husband down and you accepted that you have. You also promised me that you would not be back in this Court again. I hope that that turns out to be correct.

[3] I am today prepared to give you a chance. The notes of this sentencing will be kept on file and if you are foolish enough ever to come back again you can rest assured that you will not get a second chance. Next time you will be in prison.

[4] Today, however, I have decided that you will receive a sentence of community service and what will happen is this. There will be an overall period of 18 months probation and for the first 12 months of that you will be on community service. So that will take 12 months and during all of that time, and for another 6 months after you finish community service, you will be on probation and the terms of that probation will be all matters that you are directed by the Probation Service to do but, in particular, there will be a curfew. So between the hours of 7 in the evening and 7 in the morning you cannot go out unless you are with your sister or her husband. If they go out you have to be with them, otherwise you have to stay at home. And during this period of 18 months you have to continue to live with your sister.

[5] In addition you have to pay Court costs of $30.

_______________________
Tom Weston
Chief Justice