Police v Teheipuarii [2012] CKHC 71; CR727-729.11 (29 March 2012)

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

CR NO'S 727, 728 & 729/11

POLICE

v

DANIEL HEIARII TEHEIPUARII

Hearing: 29 March 2012
Counsel: Mr Manavaroa for the Police
Mr George for the Defendant

Sentence: 29 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Teheipuarii you are here for sentencing today having pleaded guilty three charges, the most serious of which is that in CR 728/11, the charge that you drove dangerously, and caused bodily injury to your passenger. I have seen the medical report which refers to deep scratching and other cuts and bruises. The maximum penalty for that offence is 10 years imprisonment, and a fine not exceeding $10,000.

[2] The other charges are that you had excess blood alcohol reading slightly over the limit of 80 milligrams per 100 millilitres of breath and you are also charged that you drove without being a holder of a current drivers licence.

[3] Mr George has referred to various matters that are discussed in a pre-sentence report. It is clear that other people in your family believe they also have at least a moral responsibility for the circumstances that led to the accident in November. I think it is courageous of them to put their hands up in this way. Many times that is not the case.

[4] The fact of the matter though is that you were the person who committed the offences and you today must accept the penalties that flow from that.

[5] I treat the dangerous driving causing injury offence as the most serious and in relation to that the Crown has sought that you receive a 24 month period of probation with the first 12 months on community service. Mr George has drawn my attention to the probation report which recommends a period of 4 months community service and a total 12 months of probation.

[6] I am more inclined to the level suggested by the Probation Service although I think it is slightly too low. In relation to the lead charge, you are convicted and sentenced to 6 months community service to be served within a total probation period of 12 months. There will be terms on that probation, which are those set out in the Probation report, which is to abstain from the purchase or consumption of liquor, not to enter licensed premises without Probation Service's approval, and you are to go to any workshops that you are directed to attend.

[7] In relation to the other two offences to which you have pleaded guilty, convictions are entered. In relation to the blood alcohol offence, you are sentenced in addition to statutory minimum of 12 months disqualification from driving.

[8] In relation to the offence that you did not hold a current drivers licence, you are convicted but there is no further penalty imposed in relation to that.

[9] I now come to the question of reparation. Large sums of money have been sought. The first sum is that of $2,635 in relation to damage to property owned by Fruits of Rarotonga. I have been shown an invoice in that amount. Their submission has been made that there is a degree of betterment involved with this reinstatement. I have also been told that a friend of the family, Ms Moore, has made a payment already of $1,050.

[10] In all the circumstances, the reparation in relation to this item that I order is to the further sum of $1,000.

[11] In relation to damages to the rental car, the amount claimed is $6,388.14 and it seems to be agreed that that is an appropriate figure. The defendant's mother has paid the sum of $3,000 on account of that. I order that the defendant be liable to repay the balance which is $3,388.14.

[12] In addition, the defendant should pay medical costs of $180 and the blood alcohol analysis of $150.

[13] I record that in sentencing you, as I have, I have taken account of the tremendous support you have had from your family and wider circle of friends. I think you are lucky that you have that support and hope you understand that you have let them down by what you have done and you are not going to repeat that. I have been told you have a good job and the reference from your employer speaks highly of you. All of those factors have been on my mind in fixing the sentence as I have.

[14] You have pleaded guilty to three charges, and each of those has a $30 Court costs. So in addition, you are to pay $90 Court costs.

__________________________
Tom Weston
Chief Justice

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