Police v Henry [2012] CKHC 80; CR732-734.11 (30 March 2012)

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

CR NO. 732, 733 & 734/11

POLICE

v

HENRY ROYLE HENRY

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 Henry you are here today for sentence having pleaded guilty to various marijuana offences. In particular, that you smoked cannabis, that you had a utensil. There are three charges.

[2] The Crown said there are no particular aggravating factors. Counsel pointed to all the mitigating factors including that you had entered an early guilty plea, and that as this is your first offence, they have suggested a fine of $700 to $1,000.

[3] Mr Petero has endorsed all of that. I have had a look at the probation report which recommends a fine. I have been advised from the bar that you have lost your job as a member of the protocol team as a result of this. I bear in mind the considerable service that you have given to this country. It seems to me you have already suffered quite a disproportionate penalty in the form of losing your job, I suppose with a high profile job like that, that's one of the risks of the game. I have read that you used cannabis to help alleviate pain that you suffer, probably not a smart idea, but one of the things that really can't be undone now.

[4] It seems to me you have already been penalised for this offence by losing your job. While you are not in employment at the moment, I do think that this is an offence that I should recognise by a fine. In setting the level of that fine, I do take account of the fact that you have lost your job.

[5] In my view, in relation to the charge of smoking the controlled drug, I sentence you to a fine of $400.

[6] In relation to the other two charges, I enter a conviction but there is no further penalty.

[7] Because there are three charges you will need to pay Court costs of $30 on each, so that means the total penalty, as it were, is the $400 plus $90, so that's a total of $490.

__________________________
Tom Weston
Chief Justice

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