Police v Koteka [2012] CKHC 72; CR169,170,196,197.11 (30 March 2012)

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

CR NO'S 169, 170, 196, 197/11
& 387, 592, 593/11

POLICE

v

JOSHUA KOTEKA

Hearing: 30 March 2012
Counsel : Ms Henry for the Crown
Mr Rasmussen for the Defendant

Sentence: 30 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Koteka you are before me today for sentence having pleaded guilty to six offences. This morning you pleaded guilty to a seventh. That seventh offence is in relation to a bong and you already had pleaded guilty to another such offence.

[2] Of the various offences, the most significant is a threat to kill or do grievous bodily harm for which I can sentence you to imprisonment for a term up to 7 years. And also a serious offence, but of a slightly lesser dimension, is that of supplying cannabis, and for that you can go to prison for 2 years or be fined. There is no point in your case even in considering fines.

[3] Both the Crown and Mr Rasmussen have emphasised that there are two main considerations that affect you. One is that you have mental health issues and you are on medication for that. Those mental health issues are exacerbated by your cannabis use and ultimately it seems cannabis use lies at the heart of your problem. If that could be controlled, it may be that your mental health issues would be of a lesser dimension.

[4] A number of the offences to which you have pleaded guilty are cannabis related but certainly not all of them.

[5] You have a previous record. You have been convicted of a number of offences. You have never been imprisoned. The most serious penalty has been one of community service.

[6] The various offences, though, in respect of which you were previously sentenced, are all recent. It is fairly clear there is a pattern of behaviour that seems to be getting worse, culminating in what I could see was the most serious offence of threatening to kill or do grievous bodily harm. The facts of that instance have been outlined to me. You were yelling and shouting at tourists. You showed a knife. It was behaviour that indicates that the community are at significant risk from you. And that is also illustrated by the further offence to which you have pleaded guilty, that of carrying an offensive weapon. In that case, you were carrying a knife.

[7] All of this is pretty dismal stuff. It is obvious that you need help. Unfortunately today my job is to sentence you for what is pretty significant criminal offending.

[8] Your family are at their wits end with what to do with you. Your response to me just now Mr Koteka shows really just how out of touch with reality you are.

[9] Your family have taken the difficult but unusual of asking that you be imprisoned. They hope that there may be some good that will come of that.

[10] My principal driver in sentencing you is to protect the community from what you have done. I anticipate that while you are in prison, you will be provided with medical treatment. Mr Rasmussen has also said he is going to take steps to ensure that your medical needs are addressed to the extent that he can.

[11] The Crown suggested that you be sentenced to 6 months imprisonment. Mr Rasmussen accepted that imprisonment was inevitable for you but said for a lesser period and he said I should also take account of the time that you have served.

[12] I am going to sentence you to prison. I think you need to be sentenced to an amount greater than the Crown has suggested, which will be an adequate recognition of your culpability and criminality. So in relation to the charge of grievous bodily harm, you are sentenced to 8 months less time served.

[13] In relation to all of the other offences, I think the easiest thing to do is to enter convictions but no further penalty in relation to those. I do not think there is any point ordering Court costs, so I do not do that.

[14] I need to address probation. Once you are out of prison there will be 12 months probation. It will be a term of that probation that you do not consume cannabis. That means that if you do do that, you can be put back in prison for breach your probation terms.

[15] There will be provisions also that you attend any courses that you are directed. And, if necessary, Probation can come back before the Court and seek variation in terms that may be necessary to provide appropriate protection and help to you.

[16] So now Mr Koteka you will be now taken to prison where you will commence your sentence of 8 months less time served.

__________________________
Tom Weston
Chief Justice

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