Police v Taripo [2018] CKHC 28; CR 430.2018 (21 November 2018)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION) CR NO’s 430-431/18

POLICE

v

DOUGLAS TARIPO

Date: 21 November 2018

Counsel: Ms K Bell for the Crown

Mr M Short for the Defendant

SENTENCING NOTES OF THE HONOURABLE JUSTICE PATRICK KEANE

[10:42:32]

[1] Douglas Taripo, you appear for sentence for two offences on 27 July 2018 at Arorangi, possession of a bong and of twelve cannabis seeds. Those items were discovered when a search warrant was executed at your home.
[2] The bong was a 600 millilitre empty coca cola plastic bottle with a hose attached. It was hidden underneath a table in your room. The twelve seeds were on the top of your wardrobe. You openly admitted they were yours.
[3] Your pre-sentence report recommends that you be imprisoned. First, because the charges are serious and, secondly, because you are accumulating a criminal history which stretches back to 2013. The police support that recommendation and for the reasons for which it is made.
[4] Your counsel submits instead that a sentence of probation and community work would meet both the needs of deterrence and rehabilitation.
[5] In the last two months as your presentence report confirms, you have returned to live with your parents and you are proving helpful. You now have a job and that, as your counsel says, is huge. You are able to contribute $100 every week to support your family and also your daughter. You have a partner who describes you as a totally changed person.
[6] Your previous convictions are concerning. Your first offence in 2013 was an unlawful taking for which you were sentenced to supervision and community service. Within that year you breached the community service sentence twice.
[7] In 2014 you were again sentenced to supervision for a second unlawful taking. And then within that year you breached your probation. Things got worse in 2016 when you were sentenced to 3 months imprisonment for a variety of offences including a burglary. Since then you have driven while disqualified twice.
[8] The recommendation in the presentence report is, in that respect, fully understandable. But if your life is ever to turn around this is the occasion. Your life does seem to have stabilised in the last two months and that is to be encouraged.
[9] It is better that you remain in the community and face up to your responsibilities. It could all come to nought if you are sentenced to imprisonment, even for a short term. I give you the opportunity.
[10] You will be convicted of these two offences. You will be sentenced to probation supervision for 12 months. You will serve the first six months on community service.

Patrick Keane, J