Police v Sadler [2015] CKHC 13; CR13.2013 (8 July 2015)

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

CR NO: 13/2013

POLICE

v

TEREMOANA SADLER

Date: 08 July 2015
Counsel: Ms P Dengate-Thrush and Mrs C McCarthy for the Police
Mr B Mason for Defendant

DECISION OF THE HONOURABLE MR JUSTICE COLIN DOHERTY

[1] Teremoana Sadler, you have today changed your plea to one of guilty in relation to a charge of possessing a bong.

[2] You had indicated that that would happen sometime ago when you were able to instruct your Counsel. You were recently sentenced to a term of 21 months imprisonment on a range of other charges, and that happened on the 4th of March 2015.

[3] I have had some helpful submissions from your lawyer Mr Mason. One of the principles of my job is to determine what would have happened in March if this case had been before the Justices and it is my view and it is confirmed by the Crown that no more would have been added to the 21 months that you received then.

[4] So what I intend to do is to impose a short term of imprisonment now to make it run alongside your current sentence, so that no more is added to it. I think that is a proper reflection of your culpability and the deterrent aspect of sentencing. You do not have any other way of completing a sentence in any event. I have also taken into account the fact that your brother has written to the Court through Counsel and has proposed that you go to New Zealand to be under his wing. I am not sure whether that will happen or not, but if it does then your current plans can continue.

[5] You are therefore convicted and sentenced to one month imprisonment and that is to be concurrent or served alongside your existing sentence.

[6] You may stand down.

Colin Doherty, J