Home | Databases | WorldLII | Search | Feedback High Court of the Cook Islands

Police v Wade [2011] CKHC 74; CR488.2011 (16 December 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO'S 488, 490 & 491/11

POLICE

V

WILLIAM ADUNAISA NUKU WADE

Hearing: 16 December 2011

Counsel: Ms Manavaroa for the Crown
Mr George for the Defendant

Sentence: 16 December 2011

SENTENCING NOTES OF GRICE J

[1] Mr Wade you have pleaded guilty to a number of offences which are before me today. The first is on the 16th July you did wilfully damage the hedge valued at $50, the property of the Rarotonga Golf Club in Nikao. That is a charge which carries a maximum penalty for imprisonment not exceeding 12 months. The second charge is of threatening to kill or do grievous bodily harm to Jackson Inuia of Tupapa on the 16th July 2011 at Nikao. This is an offence under the Crimes Act s 329 and carries a maximum term of imprisonment of seven years, and you are charged that you on the 16th July 2011 at Nikao did behave in an offensive and threatening manner in a public place, an offence under s 95 of the Crimes Act which has a maximum penalty of a fine not exceeding $100. All of those incidents are part of one session.

[2] The statement of facts read out by the Crown shows that you were near the Golf Course. Apparently you live near the Golf Course and you were quite drunk. You went and got a bush knife and started cutting the hedge in front of your house and then went across and started cutting the Golf Club hedge down. Then you saw the groundsman with some of your friends playing golf and you swore at them saying "fuck you, fuck you" several times. Most of the Golfers heard what was going on and looked toward you as you continued swearing. You saw one of the golfers and again pointed to him swearing "fuck you I'm going to kill you" several times at the same time raising your knife. The neighbours heard what was going on including your father-in-law and he went to stop you. One of the golfers and the groundsman tried to approach you, you saw them coming and called out "yeh come come". When you were interviewed you admitted those facts and said you knew you were not allowed to cut the hedge, but you were angry over previous incidents.

[3] The cost for the damage to the hedge was $50, and $50 reparation is sought by the Golf Club.

[4] The Crown says that these are serious offences, the lead offence is threatening to kill and they urge me to apply the sentencing principles which require the sentence to reflect deterrence, accountability for harm done, protection of the community, and denunciation of the conduct. The Crown has indicated that wilful damage charges are not rare and usually they involve an amount of reparation for the damage in the run-of-the-mill case. Threatening to kill is more rare, but we are unable to provide me with any starting points for the Cook Islands. The Crown in their submissions noted the aggravating factors were the threatening use of the weapon and the fact that is fuelled by violence. In mitigation you are apologetic and remorseful, you were cooperative, and it is your first appearance before the Court.

[5] The Crown initially submitted that a term of 18 months probation, supervision was appropriate with 9 months on community service and a reparation order. Subsequently Mr Manavaroa suggested that probation might not be so appropriate on a first offence.

[6] On your behalf for the defence Mr George urged me to take into account your background, you are from Fiji living in the Cook Islands for many years, and there is a background of hostility between you and the management of the Club, that you were drunk when this occurred and there was a breach of the peace situation.

[7] I have a probation report before me which supports what he has said, that you live with your wife who was at the time of the making of that report pregnant. She may well have just about be having the baby. She has noticed you are more concentrated on the family's needs since you have stopped drinking alcohol and been attending Church.

[8] Your wife is unemployed as she has had to leave to look after the baby to be. You are employed in full time employment at $210 a week but have of course outgoings. Now stepping back and looking at this I am obliged to have regard of the fact that the lead offence has a substantial maximum period of imprisonment of seven years. This would be at the lesser end of the scale for that offence, threatening to kill offence, it would not be in the range for imprisonment. Some other alternative like probation could easily be considered. However I have considered that and also given this is your first offence that since the offence you have given up alcohol or your wife has indicated that you have given up alcohol, you immediately admitted the offence and pleaded guilty, I consider it can be dealt with in another way which would interfere less, would be less restrictive than probation on you, and I keep in mind particularly that you have a job and the effect of the imposition of probation on that.

[9] I am not prepared to discharge you without conviction, and I also feel the matter should be dealt with here and now. I do not think it is appropriate for suspended sentence. I do think it is an appropriate case for a fine. So I am imposing:

• (i) a fine of $300.00 in relation to the threatening to kill, Court costs of $30.00,
  
• (ii) on the charge of behaving in an offensive and threatening manner in a public place you are convicted and discharged.
  
• (iii) on the wilful damage you are convicted and ordered to pay reparation of $50.00.
  

[10] The offences are all part of the same transaction.

[11] So all in all you have a fine of $300.00 together with Court costs of $30.00 and an order reparation of $50.00.

Justice Grice

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.