Police v Iotua [2012] CKHC 78; CR560.11 (30 March 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO 560/11

POLICE

v

RIMA IOTUA

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

Sentence: 30 March 2012

SENTENCING NOTES OF THE HONOURABLE TOM WESTON CJ

[1] Mr Iotua you are before me for sentence having pleaded guilty to seven charges. There was a further charge that you had pleaded not guilty to, and the Crown has now withdrawn that.

[2] Of the various charges, the two burglary charges are the most serious. The other charges are, two of being in possession of a utensil, one of escaping from lawful custody, and two of contempt in that you did not comply with bail conditions.

[3] You have a long history of offending. For example, back in October 2006 I placed you on probation supervision for a term of 18 months. You were then, on your third appearance in March 2007, sentenced to 3 months imprisonment. And then, in October 2009, there was a further charge of burglary and you were sentenced to 3 months imprisonment. The pattern of your offending leaves one with the distinct impression that you are not going to turn your life around and that, left to your own devices, you would simply continue on your way to cause damage and harm to people through your selfish actions.

[4] Your counsel, Mr Petero, has submitted, however, that there is a possible chance of your rehabilitation. You have now met a woman that you are living with. You are staying with her family who are providing support for you. She is 3 months pregnant, and you are now desperately concerned to avoid going to prison because of her pregnancy.

[5] The Crown has recommended that you should receive a period of 12 months imprisonment. They regard the burglary offences as the lead offences. They have emphasised that you broke into someone's house and that, in itself, is an aggravating feature. They refer to the fact that your offending took place while still under supervision from previous conviction, and they have referred to your dismal record.

[6] The Crown has acknowledged that there was a guilty plea entered early and that is a mitigating factor.

[7] Despite all of this, the Crown submits that you should have a period of 12 months imprisonment. In reaching that conclusion, Crown has taken a starting point of 15 months and then reduced it to come to that conclusion of 12 months.

[8] The Probation Service, in their most recent report, has emphasised that you may be about to turn your life around and have recommended probation. For myself, I think that is unduly optimistic.

[9] Your crimes that you are now before me for sentence on, require sentence of imprisonment. The fact, however, that you may be about to turn your life around, has impressed upon me as a factor that should be brought into account. When I came onto the bench, I was thinking along the lines of the Crown's submission that 12 months imprisonment would be appropriate.

[10] In the present case, however, I am going to give you the benefit of the doubt which will involve a lesser period of imprisonment followed by a lengthy period of probation. So I am going to sentence you to 4 months imprisonment. That means that you will miss some of your partner's pregnancy but you should be out of jail towards the end of it and you will be present while your child is born.

However, you will then have an 18 month period of probation which will follow that term of imprisonment and during that term of probation, you will comply with the recommendations that are set out in the probation report dated 14 March 2012. That is, you will not purchase or consume any alcohol liquor or drug, you will not enter any licensed premises, you will attend any counselling session arranged by the Probation Service, you will attend any training workshop they require you to go to, and there will be a curfew. That means that you will be required to stay in your house between 7.00 pm and 7.00 am. Now that curfew will last for the first 12 months of your probation.

[11] So you will be in prison for 4 months. There will then be a period of probation for 18 months, the first 12 months of which will also have that curfew. But once you get to the end of that, the curfew will be lifted, but the other requirement of the probation will remain for the remaining 6 months.

[12] You will pay Court costs on the seven charges, that's seven lots of $30.

_________________________
Tom Weston
Chief Justice

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