Police v Hoff [2023] CKHC 1; CR 873 of 2022 (24 January 2023)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA VIA AUDIO LINK
(CRIMINAL DIVISION) CRN 873/2022

POLICE

v

MICHAEL HOFF

Hearing: 24 January 2023 (via Zoom)

Counsel: Ms J Crawford for Crown

Mr M Short for Defendant

Sentence: 24 January 2023

SENTENCING NOTES OF KEANE, CJ

[9:51:00]

[1] Michael Hoff, you appear for sentence for a single offence, possession of cannabis at the Arorangi prison on 23 July 2022.
[2] You had been arrested for an excess breath alcohol offence and at the police station denied possessing anything beyond what you were found with. At the prison, however, you were body-searched and a small plastic canister was found, which you had concealed in your underwear. It contained two tin foils of cannabis.
[3] You said that you had found it on the side of the road, with a mobile phone and $20 cash. You had spent the cash to buy food, but you had forgotten about the canister when you were at the police station.
[4] Your pre-sentence report recommends that you be sentenced 12 months supervision, the first six months to involve a sentence of community work. The sentence recommended is supported by the police. However they take the view that it would suffice if I were to impose the supervision sentence only.
[5] Your counsel supports that as well. As he explains, this was an exceptional offence. You are a responsible husband and father, and member of the community, and this lapse should not define you.
[6] I agree. This is your first drug-related offence. Your two other convictions are unrelated and unaggravating. I convict you of this offence and sentence you to 12 months supervision.

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P J Keane, CJ