State v Prasad [1993] FJHC 109; Hac0005t.93s (24 November 1993)

IN THE HIGH COURT OF FIJI
At Suva
Criminal Jurisdiction

CRIMINAL CASE NO. 5 OF 1993

THE STATE

v.

VISHWAJIT PRASAD
s/o Shiu Prasad

FORGERY, UTTERING A FORGED DOCUMENT
and OBTAINING MONEY ON A FORGED DOCUMENT
COUNTS: 1-27

Mr. C. Hook for the State
Accused in person

SENTENCE

The accused Vishwajit Prasad has been convicted on his plea of "guilty" to several counts of Forgery, Uttering A Forged Document and Obtaining Money on a Forged Document. The amount involved in the information is slightly less than $37,000. He has also consented in writing to this Court taking into consideration for the purpose of sentence similar offences relating to 15 other cheques not included in the information and which entails an additional sum of $42,553.54 making a total of $78,752.55.

Each of the offences with which the accused has been convicted carries a maximum penalty of 14 years imprisonment which is an indication of the seriousness with which the offence is viewed by our legislators.

In this case the accused was an Administrative Officer of the Fiji Teachers Union charged amongst other duties with the responsibility of preparing cheques. In the course of discharging his duties and over a period of 6 months between January and July 1991 he defrauded his employers of a total sum slightly in excess of $78,000.

The system he adopted entailed the endorsement and encashment of pre-signed blank cheques and altering the amounts on cash cheques of which cheque No : 614678 for the sum of $18,292.00 is a classic example.

This was undoubtedly a systematic fraud and a gross abuse of the trust which his employers had reposed in the accused. Whilst the nature and extent of the fraud could not have been perpetrated had his employers been more vigilant and careful in the signing of cheques that factor may explain but does not excuse the accused's criminal activities.

To his credit the accused on being taxed by his employers freely admitted his dishonesty and has `repaid' $19,200 of the total monies defrauded. He is also a first offender.

I have also taken into account his plea of "guilty" and his clear desire to put this entire "affair" behind him as exemplified by his consent to this Court taking numerous other similar offences into consideration.

The accused asks for leniency and is clearly remorseful. He has a young family who are unfortunately the innocent victims of his crime. But dishonesty is not an appropriate manner of providing for the needs of one's family. Indeed many families in this country struggle to exist on much less without resorting to dishonesty.

The total sum defrauded by the accused is on all accounts a substantial one and will have an immediate and direct effect on the financial resources of his employer and indirectly impact on the funds of the superannuation scheme on which some of the cheques were drawn. I am satisfied that this is an appropriate case for a compensation order to be made under Section 160 of the C.P.C. and I so order in favour of the Fiji Teachers Union (F.T.U.) in the amount of $40,000.

In so far as the items seized by the police from the accused are concerned I am satisfied that they ought to be the subject of an order pursuant to Section 164(e) of the C.P.C. to be applied towards part-satisfaction of the compensation payable to the F.T.U. and I so order.

In all the circumstances the sentence of this Court is as follows:

- On each count of Forgery I impose a sentence of 12 months imprisonment;

- On each count of Uttering of Forged Document a sentence of 18 months imprisonment;

- On each count of Obtaining Money on a forged Document a sentence of 4 years imprisonment.

All sentences are to be served concurrently.

(D.V. Fatiaki)
JUDGE

At Suva,
24th November, 1993.

HAC0005T.93S