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Community service for breaching probationary conditions

Monday 20 March 2023 | Written by Matthew Littlewood | Published in

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Community service for breaching probationary conditions
Cook Islands High Court. Photo: Sian Solomon/21110511

A man on probation has been placed on a community service order after failing to adhere to his probationary conditions.

Hyrum Ulberg appeared before Justice of the Peace Tangi Taoro at the Criminal Court in Avarua on Thursday.

He pleaded guilty to breaching his probation conditions.

According to the summary of facts, read out in Court, Ulberg is serving a two-year probationary service for indecent assault, the first six months of which were on Community Service.

His term of probation is due to expire on March 16, 2024.

Ulberg failed to turn up to his probationary appointment on February 16, 2023, and was warned to attend on March 8, 2023.

He failed to attend this appointment.

Probation asked Taoro to consider a sentence of Community Service, as this was a second time he had breached sentencing conditions.

JP Taoro agreed.

“My advice to you is to adhere to your conditions,” JP Taoro told Ulberg.

“The Court is unlikely to be as lenient next time.”

JP Taoro convicted Ulberg and sentenced him to serve the next three months of his probation on Community Service.

Also convicted for breaching probationary conditions was Chelsie Napa, who is currently serving a probationary sentence for selling Class C drugs (cannabis). She failed to turn up to her March 9, 2023 appointment.

JP Taoro noted this was her first breach, and ordered her to pay $40 and fined her $50 in Court costs.

She then received a 33 per cent discount as this was her first breach.

“You were well aware of your conditions,” JP Taoro told Napa.