Police v Turia [2020] CKHC 14; CR 87-88 of 2019 (25 August 2020)

IN THE HIGH COURT OF THE COOK ISLANDS CR NO’s 87-88/19
HELD AT RAROTONGA via VIDEO LINK
(CRIMINAL DIVISION)

POLICE

v

TOKERAU TURIA

Hearing date: 25 August 2020

Counsel: Ms J Epati for the Crown

Mr M Short for the Defendant

Sentence: 25 August 2020

SENTENCING NOTES OF THE HONOURABLE JUSTICE DAME JUDITH POTTER

[11:02:29]

[1] Tokerau Turia appears for sentence on two charges to both of which he has entered guilty pleas. One charge of possession of cannabis and one charge of possession of a utensil contrary to the relevant provisions of the Narcotics and Misuse of Drugs Act 2004.
[2] That Act provides for a maximum penalty of a term of imprisonment for up to 5 years or a fine of up to $5,000 or both.
[3] Those significant penalties indicate the seriousness with which this type of offending is viewed in the Cook Islands.
[4] The facts are straightforward. There was a search by the police of the defendant’s house in Arorangi. There they located a small brown bong used for smoking cannabis and 7.19 grams ofd cannabis within thin the property.
[5] The defendant admitted owning the cannabis and the bong and explained that he took bis to release stress but only for his personal use.
[6] I must take into account the sthe sentencing principles as set out in ss 7 and 8 of the New ZealandeSentencing Act 2002. That most relevant in this situation is deterrence; the sentence must deter you Mr Turia from engaging in this type of offending and it must also send a message to other members of the community that this type of offending will be treated seriously by the Court.
[7] I have had the assistance of a helpful pre-sentence report and submissions by both Crown and defence.
[8] Mr Turia has no previous convictions. He comes to the Court at the age of 52 as a first offender and he is of course entitled to a credit for his early guilty plea.
[9] I have discussed with counsel whether an appropriate penalty in this case would be a fine. The Crown does not seek a custodial sentence.
[10] The probation report recommends 12 months supervision with 6 months on community service.
[11] Mr Short for Mr Turia and Mr Turia himself assure me of his ability to meet the fines which I propose to impose. Mr Turia is concerned to maintain his work, which is weekend work, and prefers to pay a fine rather than to have a sentence of supervision imposed.
[12] Therefore the sentence I impose on you Mr Turia is:

1. A fine of $500 on the charge of possession of cannabis;
2. A fine of $250 on the charge of possession of the utensil;

100. There will be Court costs of $50 on each of those charges; and

4. I make an order of destruction of the utensil and the cannabis as found on the defendant’s property.

[13] Thank you Mr Turia, you may stand down.

Judith Potter, J