Police v Woonton [2021] CKHC 7; CR 616-617 of 2019 (7 May 2021)

IN THE HIGH COURT OF THE COOK ISLANDS CR NO’s 616-617/19
HELD AT RAROTONGA
(CRIMINAL DIVISION)

POLICE

v

MARIE TERANEA MATAURARII WOONTON

Hearing date: 7 May 2021

Counsel: A Maxwell-Scott and M Iro for the Crown

W Rasmussen for the Defendant

Sentence: 7 May 2021

SENTENCING NOTES OF THE HONOURABLE JUSTICE DAME JUDITH POTTER (via ZOOM)

[10:14:51]

[1] Marie Woonton, before the Court on two, or sentencing on two charges to which she has entered guilty pleas.
[2] She is charged first were regarding with excessive breath alcohol pursuant to s 28(a) of the Transport Act 1966.
[3] That offence carries a maximum penalty of 12 months imprisonment or a fine not exceeding $1000, and there is mandatory disqualification for holding a drivers licence for a period of 12 months.
[4] A legal of the maximum sentence and fine indicate the seriousness with which Parliament use this affects.
[5] The secondary charge for the careless driving pursuant to s 30 and 24, of the Transport Act, and that carries a maximum fine of $100.
[6] Ms Woonton having this pleaded guilty is convicted on both charges.
[7] I quote the benefits of Court for filing submissions from the crown and Mr Rasmussen has made verbal submissions this morning. It also had a helpful pre-sentence report.
[8] The facts leading to these charges may be penalised as follows: on Thursday the 26^th of September 2019. Police invested a crash on the main road at Muri.
[9] Ms Woonton had been driving her motorcycle in Matavera towards Titikaveka. She lost control of the vehicle and crashed into a concrete barrier causing both her passenger and herself to fall into a creek.
[10] As a result of the crash, Ms Woonton sustained a cut on her forehead while her passenger who had alleged to be her son received injuries to his hand. The injured persons were taken to hospital.
[11] In hospital, an evidential blood test was conducted and returned a reading of a 135 milligrams of alcohol per 100 millilitres of blood in the breath of Ms Woonton.
[12] Ms Woonton is 40 years of age with two dependants. She’s employed as a dental therapist at Te Marae Ora, the Ministry of Health.
[13] I should perhaps correct that age, I believe Ms Woonton is now 42 years of age.
[14] She is remorseful for her offending to which she must now take responsibility and by taken to account the purposes and principles of sentencing as set out in the New Zealand Sentencing Act.
[15] Accountability and the terms are both relevant principles in this case deterrence of you Ms Woonton from further offending in this way, that also deterrence accumulate.
[16] The crown had made recommendations, the sentence which are consistent with the pre-sentence report.
[17] I have discussed these with Mr Rasmussen who on behalf of Ms Woonton does not take issue with the recommendations. I believe they reflect a fair and just result, sentencing result in this case.
[18] Therefore Ms Woonton you are convicted on both charges:

1. You are fined $135.
2. You are disqualified from driving for 12 months, and
3. You are ordered to pay reparations of $170.

[19] Thank you Ms Woonton, you may stand down.

Judith Potter, J