Police v Ngataua [2012] CKHC 33; CR719.2012 (31 August 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR no's 719/12 & 720/12

POLICE

v

IORAMA NGATAUA

Hearing: 31 August 2012
Counsel: Mr Ngatokorua for the Crown
Mr George for the Defendant
Sentence: 31 August 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Ngataua, you are here today for sentence having pleaded guilty to two cannabis offences, one possession of seeds and the other possession of a utensil.

[2] These offences occurred during the time when you were shortly to come up for trial in relation to serious charges of which the Jury found you not guilty. You have a significant record. Even though this is your first cannabis offending, in the usual course a record of that significance would mean a reasonably significant period of imprisonment for what you have now done.

[3] This morning, Mr George took me through your checkered past. He presented to me a number of statements. The first of these is a letter from you to the Court. You have said that you have been through some pretty scary times in your life, that you are now hoping to move on and you want to repay the debt to those people who have stood by you.

[4] I also have a reference from Mr Wilkinson, who is your employer, and you live with him. He speaks very highly of you, he says that notwithstanding the two matters on which you have been convicted, he continues to stand by you and sees you having a useful future.

[5] The Assistant Director of the Beachcomber Contemporary Art Gallery has provided a reference for you. She has come to know in the context of you working as a builder on her house. And finally, Mr Little has set out at considerable length the steps he has stated taken to support you and how he continues to stand behind you. He sets out the steps that you have taken to turn your life around. I know and respect Mr Little and I trust his judgment in these matters and I want to repeat that you have been extremely lucky amongst many people with criminal records to have had good people stand behind you, and it is important that from now on you do nothing that will let their trust down.

[6] When I came on to the bench I had every intention of sentencing you to prison. Mr George and the various references that I have seen have persuaded me that that will not be the right course here, so there will be no term of imprisonment, but let me make it very clear that should you come before this Court again, it is almost inevitable that you will go back to prison.

[7] Mr George has submitted that you should receive a fine. I have toyed with the possibility of placing you on Community Service but I think in the circumstances, a stiff fine plus probation is the appropriate way to deal with you.

[8] Mr George submitted that $500 would be enough. I do not agree, it is too low. It has to be a sum that is significant and will stretch you and make you appreciate what you have done. Consequently I fine you the sum of $1,200.

[9] You are to go on probation for a period of 12 months. During that period of 12 months you will not purchase or consume alcohol or drugs.

[10] I make no other express terms of that probation other than to record that you will be subject to the direction and control of Probation and if there are any matters that they think need to be dealt with, they of course have leave to come back to the Court and seek clarification of this.

[11] The seeds and the utensil are to be destroyed.

_______________________
Tom Weston
Chief Justice