Police v Ivirangi [2012] CKHC 75; CR215.12 (30 March 2012)

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

CR NO. 215/12

POLICE

v

SAM JUNIOR JOHN PAUL IVIRANGI

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 Ivirangi you are here today for sentence having pleaded guilty to a cultivation charge.

[2] The circumstances of that have been canvassed in the sentencing I have previously undertaken in relation to Mr Tuakana. It seems that he was the instigator and you then followed later in the case.

[3] Mr George had raised one particular matter during the course of submissions concerning the Police handling of your case. I have addressed that in open Court by inviting him to proceed by way of complaint to the Police, should he think that necessary. The short point though, is I do not believe I am in a position to take that into account in addressing your sentencing.

[4] The Probation Report sets out a number of references. Like Mr Tuakana, it seems that you have previously been of good character, and again, it is highly disappointing that someone of your ability is here today to be sentenced for something as stupid as this.

[5] I suppose I should also say, having a Mauke connection myself and I meant to say in relation to Mr Tuakana, but personally I am disappointed that Mauke is being represented so badly in front of me today.

[6] In any event, I do not need to spend a lot of time on your sentencing because what I would want to say has been covered for Mr Tuakana.

[7] I propose that you and the other co-accused should have a sentence that is proportionate to his, but a month less, to record the fact that he had a greater involvement than you. So that means that you will be sentenced to 12 months probation, the first 5 months of that to be on community service

[8] You will attend any workshop that the Probation Service directs you to do.

[9] You will pay Court costs of $30.

[10] And either before you leave today, or within 24 hours, you need to meet with Probation and short those things out. Hope we do not see you again.

__________________________
Tom Weston
Chief Justice

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