Police v Joseph [2012] CKHC 65; CR137.12 (23 March 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO 137/12

POLICE

v

KAPU TIANOA JOSEPH

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

Sentence: 23 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Joseph you appear today for sentence in relation to one burglary charge. Earlier this morning I sentenced the co-offender, Mr Bishop Bailey, in relation to the same charge and also in relation to some other charges, which are not common with you. So you face only the one charge.

[2] The Crown says that you were the follower rather than the leader and that any sentence should reflect that. It is also the case that you do not face the theft and the cannabis charges that Mr Bailey did. I sentenced him to 12 months probation, with the first six months on Community Service.

[3] I think an appropriate sentence to reflect your lesser charges and diminished role in the burglary, would be to sentence you to 12 months probation, with the first two months on Community Service. Now the terms of your probation will need to be fixed. They are that you will not consume alcohol during the 12 months of your probation, and you will need to go and talk to the Probation Service before you leave or at least within the next 24 hours.

[4] You are Ordered to pay reparation together with Mr Bailey in the sum of $660 or such lesser a sum as may ultimately be the correct figure if any of the items can be located. It seems unlikely that they will be, therefore your share of the reparation will be $330 and you will need to make some arrangements to pay this over time. You will need to discuss that either with the Court Staff or with the Probation Service.

[5] I need to Order you to pay Court costs on the one charge that you have pleaded guilty to and now being convicted of, so you are ordered to pay a further sum of $30.

__________________________
Tom Weston
Chief Justice

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