Police v Bailey [2012] CKHC 67; CR737.11 (23 March 2012)

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

CR NO'S 737/11, 738/11
& 138/12

POLICE

v

BISHOP BAILEY

Hearing: 23 March 2012
Counsel: Ms King for the Crown
Mr Rasmussen for the Defendant

Sentence: 23 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Bailey you are here for sentence today having pleaded guilty to four charges, one of burglary, one of theft, and two involving cannabis.

[2] You are 16 years old and you have recently started work at one of the resorts on the island. You have pleaded guilty at an early opportunity.

[3] What concerns me is that these various offences have occurred in a sequence. Initially there was the cannabis offending, then there was the burglary, and then most recently the theft of the cellphone. All of this suggests to me that there is an escalating problem and that if you were left to your own devices you would continue to engage in crimes of this sort.

[4] The most serious charge is that of burglary. You entered someone's house at night and you did this in conjunction with another person that I understand has also pleaded guilty but is not before me at the moment.

[5] You stole certain items, some of which have been recovered and others not. I am told by Mr Rasmussen that you have made an apology and the complainant has generously accepted that.

[6] In my view, what you did was a gross breach of this man's trust. You knew him, and yet you still broke into his house and you stole from him.

[7] Burglary is a problem in Rarotonga and many people go to prison for it and I have certainly considered sending you to prison for what you have done on this occasion.

[8] There is also the theft charge which has occurred most recently, that is in relation to the cellphone.

[9] The two cannabis offences relate to an incident where your father discovered cannabis and reported you to the Police and it seems that you have grown two plants on your own and harvested those and used them. Like burglary, cannabis is seen as being a problem on the island.

[10] It is clear that you have put your mother, in particular, through very considerable distress. She is entitled to be very disappointed with you. She is the income earner in the family. She has two jobs, and despite all of that, you have let her down and let her down badly. You have pointed to problems with your father, but if you were thinking less of yourself and more of your mother, you would realise that criminal offending is not the way to thank your mother for what she is doing, that is, trying to keep this whole ship on the road.

[11] The Crown has suggested that the appropriate sentence is one of Community Service. They have suggested 12 months probation with the first six months on Community Service. I think that is a very generous position taken by them and no doubt reflects the fact that you are only 16 and that this is your first appearance before the Court, even though it is on multiple charges. It also reflects the fact that you have pleaded guilty.

[12] Mr Rasmussen has adopted the same suggestion, as made by the Crown, recognising that it is a generous position to have taken.

[13] I am conscious that you are aged 16, that you do have a chance to turn your life around. I have to say frankly I doubt that you will, but I would be very happy if you prove me wrong and that from now on you actually pull your finger out and behave like a grown up instead of like a self-indulgent child, because that is what you have done.

[14] I am going to adopt the recommendation . You are sentenced to 12 months probation, the first six months on Community Service. The terms of the probation will be the usual terms set by Probation, which they will no doubt correct me if I get them wrong, but they involve not to consume alcohol or purchase it, not to take drugs of any sort, and to attend any courses that they require you to attend.

[15] I am happy to consider making a curfew but I invite Probation to consider that requirement in conjunction with his job because I think it is important that he be encouraged to work, and if he is working at night or accompanied by his mother, then there will need to be adjustments made for that. But within that qualification, I would order the standard curfew between 7.00 pm and 7.00 am, subject to work requirements and his mother accompanying him.

[16] Mr Bailey you are to attend upon the Probation Service within the next 24 hours so that they can make arrangements and probably it would be sensible if you did that before you left the Court buildings today.

[17] In terms of costs, the normal rule Mr Bailey is that, there is $30 paid on each charge and you have got four charges. Because you have got a job and because you are going to be on Community Service, and not locked up, I am going to Order that you pay $30 on each of those four charges, that is a total of $120. Now I accept it may take you sometime to find that money, so you will need to make some appropriate arrangements to start making some instalment payments on that.

[18] I do make an Order of reparation. The Crown has given me a list which I will not repeat here but there will be an Order in relation to that list, which totals $660. I recognise that some of these items may still be in the possession of the co-offender, so we need to find a workable solution. I direct that in the first instance, if any of these items are to be found, they are to be returned and the value deducted from this list. Thereafter, Mr Bailey and his co-offender will share the cost of reparation equally and I will need to make a corresponding Order when I sentence the co-offender in due course.

__________________________
Tom Weston
Chief Justice

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