Police v Hafoka [2012] CKHC 32; CR533.2012 (31 August 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR no's: 533/12 & 544/12

POLICE

v

MANU HAFOKA

Hearing: 31 August 2012
Counsel: Senior Sergeant R Hosking-Tane for the Police
Mr N George for the Defendant

Sentence: 31 August 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Hafoka, you are here today for sentence in relation to a drink driving offence and an offence of careless use causing injury. These arose out of the same incident on 6 July 2012.

[2] The Prosecutor has focused her attention on an outcome today which seeks to place the victim in as strong a position as might be achieved. I think that is a realistic focus in this particular case.

[3] Accordingly, I will design a package which is intended to mark the State's response to the offending and to recognise as part of that package that you will need to make a significant financial commitment and that commitment would assist the victim to repair the truck which was damaged in the accident.

[4] As to whether this decision of mine sets any precedent, it needs to be borne in mind that I have structured it as a package with a view to the overall financial commitment that it requires you to make.

[5] So the penalty imposed by the Court is a fine of $100 on each of the two charges. So that is a total of $200.

[6] In addition you are ordered to pay the sum of $4,500 to the victim and I will shortly deal with the question of instalment payments.

[7] On top of that, you are to pay $150 representing the cost of having the vehicle released.

[8] You are to pay various medical fees which appear to be an amount of up to $45. If, in fact, some of this has been paid then the defendant is to pay the actual outstanding amount up to that sum.

[9] Now in terms of how the defendant is to make payments, he has offered to make instalment payments of $100 per week.

[10] I direct that he first pay off the various sums as I have ordered by way of fines and the other expenses (at $100 per week).

[11] Once those are paid off, he is then to start applying the weekly $100 payments on account of the $4,500 reparation.

[12] These payments will be made to the Court on behalf of the victim.

[13] Should those payments cease then this matter will need to be brought back before the Court for reconsideration.

[14] The defendant is also to be placed on Probation for a period of 12 months.

[15] During that 12 months, which is to run from today, he is subject to the conditions set out in the Probation report and that is:

1. Not to purchase or consume alcohol.

2. Not to enter any licensed premises except for the Puaikura Reef Lodge for work purposes only.

3. To attend any training or workshop as so directed by the Probation Service.

[16] 12 months loss of license follows automatically from today.

[17] Court costs of $60 (two payments at $30 each).

_______________________
Tom Weston
Chief Justice