Police v Tuakana [2012] CKHC 73; CR208.12 (30 March 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO. 208/12

POLICE

v

ALOISE TUAKANA

Hearing: 30 March 2012
Counsel: Mr Manavaroa for the Crown
Mr George for the Defendant

Sentence: 30 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Tuakana you are here today for sentence having pleaded guilty to a cultivation charge.

[2] It seems that you were the initiator of the cultivation which occurred on the island of Mauke. You acquired some seeds in Rarotonga and you planted those and eventually involved others from Mauke in your project. By the end of it, you had grown ten plants of which five were given to another person, and then you and three others cultivated the remaining plants and harvested them in due course. It seems also you used them.

[3] There is no suggestion that these were planted and harvested for commercial purposes. It seems to be accepted that you did this for your personal use.

[4] I have been told that this is your first appearance. I am aware that one other person, in addition to those mentioned so far by me, has already been sentenced, but I have been told that the fine of $400 was imposed in relation to a lesser offence, that of smoking or perhaps possession of cannabis.

[5] In this case, Mr George has accepted that you were the instigator of this offending.

[6] He has also referred me to the significant number of references that speak very highly of you. As I said during the course of argument, it is a considerable disappointment that in the face of what are your obvious talents and abilities, you should have done something as stupid as you have. Mr George has said that he thinks this will be the last time that you do this. I hope so, but I have heard that sort of submission before. Nevertheless I do give weight to these references that Mr George has spoken of.

[7] In terms of what sentence I should impose, I believe it must be a term of community service. There is the interesting conundrum facing the Court that the Crown recommendation is less than that made by the Probation Service. The Crown recommends that you should serve 6 months community service out of a total 12 months probation period. The Probation Service has a longer period, that is, 12 months community service.

[8] When I came onto the bench, I fully intended to adopt the community service recommended by Probation, that is, I was thinking I should give you 12 months. However, I have listened to what Mr George has to say, I have listened to the good references that have been given, and I believe that the appropriate way to mark your offending is to sentence you to community service.

[9] In making this Order, I have added a further month in addition to what I have it in mind to sentence your co-offenders to. So you will undertake 6 months of community service. That will be out of the total period of 12 months probation.

[10] In terms of your probation, you will attend any training or workshop that the Probation Service requires you to do during that period.

[11] Before you leave the Court today, or certainly within the next 24 hours, you need to report to the Probation Service to sort out what you are going to do, so you need to talk to them about that.

[12] Now in addition, you will have to pay Court costs. There is only the one charge that you face, so there will be Court costs of $30 on top of what I have previously ordered.

__________________________
Tom Weston
Chief Justice

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