State v Jione - sentence [2005] FJHC 400; HAC0022S.2003S (31 October 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC0022 of 2003S

STATE

v.

FORATE EPINISI JIONE

Hearing: 18th October – 31st October 2005
Sentence: 31st October 2005

Counsel: Mr. A. Ravindra-Singh for State
Accused in Person

SENTENCE

Foraete Epinisi Jione, you have been found guilty, and have been convicted on 5 counts of fraudulent falsification of accounts and one count of larceny by servant. The evidence led by the prosecution shows that in 1997 you falsified or destroyed bank records in order to conceal your own theft over a period of 4 years in the total sum of over $179,000.00.

The tariff for breach of trust cases is 18 months to 3½ years. I would classify bank frauds in that category of offences which warrant sentences at the highest level of the tariff. This is because there is a special relationship of trust between the customer and the bank. The customer entrusts money to the bank, in the belief that the bank will deal with it honestly and securely. When a member of the bank staff, steals that money and uses customers’ bank accounts to conceal or facilitate that theft, such acts destroy the very fabric of trust that exists to justify the existence of the bank.

Therefore I pick a starting point of 3 years imprisonment. There is no discount of a guilty plea or for restitution other than the $500 paid to Peter Capell in December 1997. I do however take into account the very long delay in bringing this case to trial. Undoubtedly, you have been affected by the delay and have written to various institutions to complain about it. I also take into account your family and the shame you have brought on your family and your community as well as your good character. I accept that you have had difficulty finding another job for the past 8 years. For these matters I reduce your sentence to 18 months imprisonment.

The aggravating factors are the length of time over which you have defrauded the bank, the large sum of money you have stolen over the years and your unscrupulous abuse of customers’ deposits and accounts. This was indeed a case of a serious breach of trust. For these matters I scale your sentence up to 3 years imprisonment.

I put relatively little weight on good character, although I have taken it into account. This is because you were given a position of trust and seniority at the bank because of your good character. The heart of breach of trust offences is that a person who has a good reputation and who is trusted by his employer has betrayed that trust.

I sentence you to 3 years imprisonment on each count to be served concurrently with each other.

Nazhat Shameem
JUDGE

At Suva
31^st October 2005