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Repeat offender sentenced for domestic violence, child assault

Thursday 8 August 2024 | Written by Losirene Lacanivalu | Published in Court, Crime, National

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Repeat offender sentenced for  domestic violence, child assault
Cook Islands High Court. LOSIRENE LACANIVALU/24050916

A man who completed his 12 months of probation supervision this month has been ordered to serve another 12 months including six months of community service after being convicted of wilful damage and assault on a female.

Tupouatimo Hagai Noa, who appeared before Justice of the Peace Tangi Taoro via an audio-visual link from an outer island this week, was also advised of the new charges he faced.

The charges include three counts of assault on a child – punching the child repeatedly on the chest and face, slapping the child on the left side of the face, and stomping on the child’s chest area on June 24 of this year on another outer island.

The court advised Noa of his rights to a lawyer before he could take a plea.

Opposition leader and Member of Parliament for Rakahanga Tina Browne advised the court that she would be representing the accused.

Senior police prosecutor senior sergeant Fairoa Tararo asked that the matter be adjourned to August 22.

Browne was asked if she was representing Noa on the charges of wilful damage and assault on a female. She confirmed that she was.

Senior sergeant Tararo in his sentencing submissions said the aggravating factors were that the accused punched the victim and pulled her hair, and pressed her head against a concrete wall in front of their child.

He recommended a 12 months’ probation supervision and six months for community service to be served in either one of the two outer islands that he resides on.

Senior Sergeant Tararo also recommended that the accused not leave for Rarotonga without the court’s approval and that he attends counselling.

Defence lawyer Browne acknowledged the Probation Services report and advised that there was no counselling services provided on the outer islands.

She said police would be monitoring his probation supervision.

In sentencing, JP Taoro said that Noa admitted to the charge of wilful damage on April 19 and assault on a female on May 16, 2024.

She said the court noted that the cause of the offence was jealousy and anger. The court heard that Noa had earlier denied assaulting the victim.

Looking at his criminal history, JP Taoro said the defendant’s recent probation supervision expired at the beginning of this month, and he was not new to the court system.

She ordered that Noa serve 12 months for probation supervision, with the first six months on community service with the conditions not to consume or purchase alcohol, not to enter any liquor licence businesses, and attend any training or awareness programmes as directed by the probation services or the police constable.

Noa was also ordered to pay reparation of $540 for the damages to the victim’s motorcycle, and to not leave the outer island without the approval of the High Court.