Police v Dominique [2012] CKHC 77; CR551.10 (30 March 2012)

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

CR NO'S 551/10, 559/10,
604/10, 521/11,
731/11 & 39/12

POLICE

v

TARU DOMINIQUE

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

Sentence: 30 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Taru you appear before me today for sentence in relation to six charges which you have pleaded guilty to. These were committed between August 2010 and January of this year. There is a mixture of burglary, theft and contempt charges in relation to breach of bail conditions.

[2] The pattern of the offending is a dismal one and shows that you have poor attitude to the law. To be measured against that, you have today made a public apology for what you have done. Your mother has spoken on your behalf and emphasized that she thinks you are now ready to turn your life around. That is pretty much the view of the Probation Service as well, who have recommended that you should be given a chance to mend your ways.

[3] I think it is accepted that, in the normal course, the extent of your offending and the sequence of it, would expose you to being sent to prison, particularly in relation to the burglary charges.

[4] The Crown has sought a short term of imprisonment of one month followed by probation, in order to get you to sit up and take notice.

[5] On the other hand, Mr Petero and your mother have emphasized that the better course is to give you an opportunity to allow you to keep your job. By keeping your job you will be able to make reparation payments and you will also be able to support your family.

[6] I think there is no doubt that in the normal course I would send you to prison. That is how your sort of offending would be met. However and probably foolishly, I have decided to give you a final chance, so you are not going to prison.

[7] You are going to have Community Service and I adopt the suggestion of probation that the first nine months of your probation should be on Community Service but I am going to impose a longer term of probation. So what will happen is there will be 15 months of probation, with the first nine months to be on Community Service. And during that 15 month period, you are not to use drugs or alcohol, you are not to associate with people that Probation Service tell you about and at the moment those people are Travel Engu, Joshua Koteka and Vaikaloa Taufahema, together with any other people, that the Probation Service tell you about. So you understand you are not to have anything to do with those people.

[8] During the first 12 months of your probation, there is going to be a curfew, so you are not allowed to go out at night between 7pm in the evening and 7am in the morning. You have to stay at home.

[9] Now the only exception to that will be if you have to work at night and if you do that, you will have to talk to the Probation Service and get their permission.

[10] Mr Petero has asked that in relation to the curfew there should be scope for Mr Taru to be out between 7pm and 7am, so long as it is with his mother. I am open to that proposition but it will need to be arranged in each instance with Probation. In other words, Mr Taru and his mother would need to get permission before they go out during those hours.

[11] The final term is that you need to attend any training or workshop that the Probation Service tell you that you have to go to.

[12] I should say, also, you are to make reparation in the amount sought by the Crown which totals $7,462.35. You will need to work with the Probation Service to make instalment payments on that and I leave it to the Probation Service to work out how that is to happen.

[13] Now the whole point is to give you a chance Mr Taru. You will be able to keep your job and help support your family. You will be able to make payments for what you stole and it also means that you have a chance to prove that you can get this right.

[14] If you come before the Court again for this sort of offending, you will go to prison.

[15] I do also order Court costs, they are $30 per charge, there are six charges so that is $180 also that you will need to pay in relation to all of this.

__________________________
Tom Weston
Chief Justice

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