Police v Areaiti [2012] CKHC 64; CR 672.11 (23 March 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO'S 672/11 & 673/11

POLICE

v

MATANGARO AREAITI

Hearing: 23 March 2012
Counsel: Mr Manavaroa for the Crown

Sentence: 23 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Ms Areaiti you are here charged with using two documents in breach of Section 251(A) of the Crimes Amendment Act. These relate to two cheques and withdrawals that were made from another person's account.

[2] You did not sign the cheques, someone else did, but you used the cheques to withdraw the monies and you must have known that that was not lawful. You then say that the money was sent to Mangaia. No-one else seems to be able to find the money and there must be a reasonable possibility that the money was never sent and that you kept it.

[3] You have today told me that that is not the case and that the money was sent and that you did not keep it. I think I need to give you the benefit of the doubt on that, although I do have severe reservations about it.

[4] The Probation Service has made a lengthy report on the matter and I have relied upon that, especially considering that you are not represented today by a lawyer. Probation Service have recommended that you should be sentenced to 12 months probation, with the first six months on Community Service. The special condition they are recommending is that you should attend any training or workshop as directed. That too was the submission of the Crown. I adopt that recommendation and my sentence will be in terms of that recommendation.

[5] Ms Areaiti that means that you will have to do Community Service and you will need to go and see the Probation Service certainly within the next 24 hours.

_________________________
Tom Weston
Chief Justice

Editorial Note: Derived from the Court's electronic records and believed to be correct and final.