Police v Tuakanangaro [2012] CKHC 34; CR591.2012 (6 September 2012)

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

CR NO. 591/12

POLICE

v

TEATUAAVEROA TUAKANANGARO

Hearing: 6 September 2012
Counsel: Ms King for Police
Mr C Petero for Defendant

Sentence: 6 September 2012

SENTENCING NOTES OF WESTON CJ

[1] Mr Tuakanangaro, you are here for sentence today having pleaded guilty to a burglary charge. Burglary carries a maximum penalty of 10 years imprisonment.

[2] The item stolen was a laptop. You and Walter Strickland, between you, went into someone's house and you took the laptop, the laptop ultimately was recovered and returned to the complainant.

[3] This is your second appearance before this Court for a dishonesty offence.

[4] Previously you have been sentenced in relation to taking a motorcycle. On that occasion you received a very lenient suspended sentence on the basis that you were to make full reparation. The reparation figure was $1,600. I have been advised that reparation has been paid and I strongly suspect that you are fortunate that your mother has stood behind you and made that reparation possible.

[5] Certainly today if I had learned that the payment had not been made, that would have influenced how I approach things.

[6] There are a variety of suggestions as to how you should be sentenced for what you have done. The Crown submits you should receive a sentence of 12 months probation with the first 6 months on community service.

[7] The Probation Service has recommended that you be convicted and ordered to come up after 6 months to be sentenced or discharged without a conviction if you do not offend during that period. And so, again, a suggestion which can be described fairly as lenient.

[8] Mr Petero, recognising perhaps that that is unduly lenient, has submitted that you should receive a term of 12 months probation. He says there should not be community service.

[9] There are a number of factors I need to balance here. First is that you have pleaded guilty, second is that the laptop has been returned to the complainant. Balanced against that is this is your second offence and your previous offence was of a similar character although again full reparation has been made.

[10] There certainly needs to be a term of probation. In my opinion there should also be a short period of community service.

[11] Consequently I sentence you to a term of 12 months probation with the first 4 months of that to be served on community service. The only term as I need to order at this stage for probation is that you attend any training or workshop as directed by Probation Services.

[12] You are also to pay Court costs of $30.

_______________________
Tom Weston
Chief Justice