Police v Suguigau [2012] CKHC 30; CR397.2008 (31 August 2012)

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

CR NO'S 397/08, 812/08, 813/08
153/09, 412/09, 537/11
294/12, 458/12, 462/12 463/12

POLICE

v

SIKARAIA SUGUIGAU

Hearing: 31 August 2012
Counsel: Mr T Manavaroa for the Police
Mr N George for the Defendant

Sentence: 31 August 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Suguigau, you are here today for sentence having pleaded guilty to ten charges which cover a range of different offences.

[2] The Crown has asked me to treat the assault on female charge, which occurred in February 2009, as the lead charge. In relation to that, the Crown has sought a term of imprisonment of 6 months.

[3] The Crown also relies on the threatening to kill charge, as justifying a term of imprisonment. In that case, they recommend a term of imprisonment between 1 to 2 months.

[4] It seems to me these are the two most serious offences and I accept that I should approach the assault on female charge as the lead charge. That carries a maximum term of imprisonment for 2 years.

[5] You have a record. You have previous convictions in 2007 and in 2011 and they are of a similar dimension to those for which you now appear before me for sentencing.

[6] Mr George has made submissions on your behalf and placed particular emphasis on four references. One of those is from your partner. All four of those references speak in positive terms. However I do note that three of the four refer to you having sober habits. And I think that if one thing is clear from all the materials before me unfortunately that is not true. All of the offences or certainly most of the offences seem to have been caused or contributed to by a problem that you undoubtedly have with alcohol.

[7] Mr George has submitted that you should face a term of probation and a term of community service within that term of probation. As I have already said, the Crown submits that you should be imprisoned.

[8] Without your previous record I would be inclined to uphold what Mr George says. However bearing in mind your previous record it seems to me inevitable that you are now facing a term of imprisonment.

[9] The charge of assault on a female is regarded as a serious one. You, through counsel, have tried to put the best possible spin on this that you can but the sad fact is that you assaulted a woman who had every right to assume that she was safe from such assault. As a result of that assault she was injured. In all of the circumstances I sentence you on that charge to a term of 6 months imprisonment.

[10] In relation to the threatening to kill charge, I sentence you to a term of 2 months imprisonment to be served concurrently.

[11] In relation to the driving with excess breath alcohol charge, I sentence you to 1 month imprisonment to be served concurrently.

[12] There is an automatic 12 month disqualification for driving and in this case I direct that that comes into effect at the point you are released from prison.

[13] In relation to the other charges which I have not directly mentioned, you are convicted but discharged in relation to each one of those.

[14] Once you leave prison, you will be subject to a period of probation of 12 months. The terms of that probation are to include such terms as the Probation Service order but will include the condition that you are to abstain from the purchase and consumption of alcohol. You are not to enter into any licensed premises and you are to attend any training or workshop directed by the Probation Service.

[15] I also record that when you were due here earlier this morning for sentence, you did not turn up and a bench warrant was issued for your arrest. I then discovered you had had an accident on the way to Court, and as we can all see, you are now somewhat the worse for wear. I want to ensure that Mr Suguigau is properly cared for in relation to these injuries. I imagine that the hospital has looked after him this morning but there may need to be some accommodation over the next few days to ensure that the injuries that he suffered this morning are properly attended to.

_______________________
Tom Weston
Chief Justice