Police v Metuakore [2012] CKHC 76; CR231-232.12 (30 March 2012)

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

CR NO'S 231 & 232/12

POLICE

v

WITAMAHAME METUAKORE

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] Ms Metuakore you are before me today for sentence having pleaded guilty to two charges. One of theft in relation to a savings book, and one in relation to obtaining pecuniary advantage by making eight withdrawals from that savings book, totalling $3,219.00

[2] The second of the two offences is the most serious, and on that you could be sentenced to prison for a term not exceeding 5 years.

[3] The essential problem with you seems to be that you have a very poor attitude. Your counsel described you as a typical teenager. I hope not. If all teenagers were like you it would be a pretty bleak place.

[4] You say you want to be a waitress. Well the only person who is going to do that, is you. So if you are going to get yourself out of the mess you have made of your life, you have to do it. Mr Rasmussen thinks that you can. I will wait and see. You prove me wrong.

[5] The question of sentence has been addressed by Probation. They say that you should have a long period of probation with a shorter period within that on community service. Mr Rasmussen has recognised that that is likely to be the sentence of the Court. In my opinion there needs to be quite a long period of probation here so that you can fall within the protection and care that Probation Services can provide.

[6] I think you do need to have a reasonably significant period of community service to reflect the fact that the offending here is quite serious. It is not your first. As mentioned before, you previously have had a suspended sentence.

[7] I now sentence you to a total period of 18 months on probation, with the first 6 months on community service.

[8] When you are on probation you will need to attend any training or workshop that Probation Service order you to attend.

[9] In addition, you are to make reparation to the BCI in sum of the $3,219.00. You are currently unemployed but nevertheless you will need to discuss with Probation how you are going to do that.

[10] Before you leave the Court today, or within the next 24 hours, you need to meet with Probation to discuss the case.

[11] You are being convicted on two charges. There is a $30 Court costs on each of those, so there are Court costs of $60 in addition to the other sentence.

__________________________
Tom Weston
Chief Justice

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