State v Sinha - Sentence [2010] FJHC 589; HAC15.2009L (10 December 2010)

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CRIMINAL CASE NO. HAC 15 OF 2009L
(being a consolidation of HAC 80, 81 and 87 of 2008 and HAC 86 of 2010)

Date of Hearing: 22, 23 & 24 November 2010
Date of Sentence: 10 December 2010

[1] Salendra Sen Sinha, you have pleaded guilty to and been convicted of sixty-one counts on a grossly overloaded amended information.

[2] The counts of which you now stand convicted after having agreed to the relevant facts read as follows:

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA between the 10th day of May 2008 and the 9th day of July 2008, at Ba in the Western Division, with intent to defraud, obtained from Mustaq Roshan Ali f/n Muntaz Ali, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Mustaq Roshan Ali f/n Muntaz Ali

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad between the 10th day of May 2008 and the 9th day of July 2008, at Ba in the Western Division, with intent to defraud, obtained from Roneel Chand f/n Pradeep Chand, the sum of $763.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Roneel Chand f/n Pradeep Chand

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad between the 15th day of May 2008 and the 28th day of May 2008, at Nadi in the Western Division, with intent to defraud, obtained from Vinay Prasad Sharma f/n Kamla Prasad Sharma, the sum of $1110.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Vinay Prasad Sharma f/n Kamla Prasad Sharma.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 20th day of May 2008 at Nadi in the Western Division, with intent to defraud, obtained from Amit Chand f/n Ami Chand, the sum of $500.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Amit Chand Prasad f/n Ami Chand.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 26th day of May 2008 at Nadi in the Western Division, with intent to defraud, obtained from Rajneel Bimlesh Narayan f/n Ram Narayan the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Rajneel Bimlesh Narayan f/n Ram Narayan.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 28th day of May 2008 at Nadi in the Western Division, with intent to defraud, obtained from Ravinesh Prasad f/n Chandrika Prasad, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Ravinesh Prasad f/n Chandrika Prasad.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 5th day of June 2008 at Nadi in the Western Division, with intent to defraud, obtained from Prakash Chand f/n Hari Chand, the sum of $771.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Prakash Chand f/n Hari Chand.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 09th day of June 2008 at Nadi in the Western Division, with intent to defraud, obtained from Suresh Prasad f/n Ram Bharos, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Suresh Prasad f/n Ram Bharos.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 09th day of June 2008 at Nadi in the Western Division, with intent to defraud, obtained from Mahendra Lal f/n Shiu Sahay, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Mahendra Lal f/n Shiu Sahay.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 17th day of June 2008 at Nadi in the Western Division, with intent to defraud, obtained from Jay Narayan f/n Ram Narayan, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Jay Narayan f/n Ram Narayan.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 17th day of July 2008 at Nadi in the Western Division, with intent to defraud, obtained from Suresh Chand f/n Ram Narayan, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Suresh Chand f/n Ram Narayan.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 18th day of June 2008 at Nadi in the Western Division, with intent to defraud, obtained from Kavitesh Arun Kumar f/n Arun Kumar, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Kavitesh Arun Kumar f/n Arun Kumar.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 11th day of July 2008 at Nadi in the Western Division, with intent to defraud, obtained from Vijay Naidu f/n Permal Naidu, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Vijay Naidu f/n Permal Naidu.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 9th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Sunil Prakash f/n Lal Man, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Sunil Prakash f/n Lal Man.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 14th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Rajesh Chand f/n Ram Narayan, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Rajesh Chand f/n Ram Narayan.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 14th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Kamal Roy Singh f/n Ram Pal Singh, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Kamal Roy Singh f/n Ram Pal Singh.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 17th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Kamal Sashi Prasad f/n Nared Prasad, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Kamal Sashi Prasad f/n Nared Prasad.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 19th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Avindra Singh f/n Narendra Singh, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Avindra Singh f/n Narendra Singh.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 19th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from William Peters, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said William Peters.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 21st day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Raj Kumar f/n Ram Pal, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Raj Kumar f/n Ram Pal.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 23rd day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Raman Naidu f/n Chinum Naidu, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Raman Naidu f/n Chinum Naidu.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 24th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Anil Kumar f/n Narrenjan Prasad, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Anil Kumar f/n Narrenjan Prasad.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 25th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Munesh Sanjay Ram f/n Shiu Ram, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Munesh Sanjay Ram f/n Shiu Ram.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 25th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Gyaneshwaran f/n Abhimanu, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Gyaneshwaran f/n Abhimanu.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 25th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Lene Mario, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Lene Mario.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad between the 1st day of July 2008 and the 31st day of July 2008 at Tavua in the Western Division, with intent to defraud, obtained from Ilaitia Tura Sivoinavatu, the sum of $740.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Ilaitia Tura Sivoinavatu.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 19th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Pradeep Chand f/n Ram Dayal, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Pradeep Chand f/n Ram Dayal.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad on the 25th day of June 2008 at Tavua in the Western Division, with intent to defraud, obtained from Emosi Vamarasi, the sum of $555.00 in cash for his own use, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Emosi Vamarasi.

SALENDRA SEN SINHA f/n Jagendra Prasad with another between the 1st day of August 2008 and the 31st day of August 2008, at Nadi in the Western Division, stole Fiji Island Revenue & Customs Authority cheques to a total amount of, $213,843.84, the property of Fiji Island Revenue & Customs Authority.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad between the 1st day of May 2008 and the 30th day of June 2008, at Nadi in the Western Division, with intent to defraud, obtained from Lawrence Arvind Singh, the sum of $1,255.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Lawrence Arvind Singh.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, with intent to defraud, forged a Fiji passport number 633651 belonging to Lawrence Arvind Singh, by substituting the photo of the said Lawrence Arvind Singh with the photo of Mohammed Ramjan, purporting the said passport to be the passport of Mohammed Ramjan.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged Fiji Islands Revenue & Customs Authority cheque number 230301 in the sum of $1,881.51, by erasing the name of Oneva Real Estate on the payee section of the said cheque and writing the name of Lawrence Singh, purporting the said cheque to be payable to Lawrence Singh.

UTTERING FORGED DOCUMENT: Contrary to section 343 (1) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, knowingly and fraudulently, uttered Fiji Islands Revenue & Customs Authority cheque number 230301 in the sum of $1,881.51, purporting the said cheque to be payable to Lawrence Singh, knowing the same to be forged.

OBTAINING MONEY ON FORGED DOCUMENT: Contrary to section 345 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 22nd day of August 2008, at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, obtained $1,881.51 cash by virtue of a forged instrument, namely Fiji Islands Revenue & Customs Authority cheque number 230301, knowing the same to be forged.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad between the 1st day of May 2008 and the 30th day of June 2008, at Nadi in the Western Division, with intent to defraud, obtained from Sanjeev Kumar, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Sanjeev Kumar.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, with intent to defraud, forged a Fiji passport number 633651 belonging to Sanjeev Kumar, by substituting the photo of the said Sanjeev Kumar with the photo of Mohammed Ramjan, purporting the said passport to be the passport of Mohammed Ramjan.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged a Fiji Islands Revenue & Customs Authority cheque number 230265 in the sum of $7,045.17, by erasing the name of Vimal Segran Naidu on the payee section of the said cheque and writing the name of Sanjeev Kumar, purporting the said cheque to be payable to Sanjeev Kumar.

UTTERING FORGED DOCUMENT: Contrary to section 343 (1) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and 31st day of August 2008 at Suva in the Eastern Division, knowingly and fraudulently, uttered Fiji Islands Revenue & Customs Authority cheque number 230265 in the sum of $7,045.17, purporting the said cheque to be payable to Sanjeev Kumar, knowing the same to be forged.

OBTAINING MONEY ON FORGED DOCUMENT: Contrary to section 345 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 31st day of August 2008, at Suva in the Eastern Division, with intent to defraud Fiji Islands Revenue & Customs Authority, obtained $7,045.17 cash by virtue of a forged instrument, namely Fiji Islands Revenue & Customs Authority cheque number 230265, knowing the same to be forged.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA f/n Jagendra Prasad between the 1st day of May 2008 and the 31st day of August 2008, at Nadi in the Western Division, with intent to defraud, obtained from Vimal Krishna Reddy, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Vimal Krishna Reddy.

SALENDRA SEN SINHA between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, with intent to defraud, forged a Fiji passport number 499929 belonging to Vimal Krishna Reddy, by substituting the photo of the said Vimal Krishna Reddy with the photo of Salendra Sen Sinha, purporting the said passport to be the passport of Salendra Sen Sinha.

SALENDRA SEN SINHA between the 13th day of August 2008 and the 22nd day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged a Fiji Islands Revenue & Customs Authority cheque number 230295 in the sum of $1,857.57, by erasing the name of Oneva Real Estate on the payee section of the said cheque and writing the name of Vimal Krishna Reddy, purporting the said cheque to be payable to Vimal Krishna Reddy.

UTTERING FORGED DOCUMENT: Contrary to section 343 (1) of the Penal Code, Cap 17.

SALENDRA SEN SINHA between the 15th day of August 2008 and 31st day of August 2008 at Lautoka in the Western Division, knowingly and fraudulently, uttered Fiji Islands Revenue & Customs Authority cheque number 230295 in the sum of $1,857.57, purporting the said cheque to be payable to Vimal Krishna Reddy, knowing the same to be forged.

OBTAINING MONEY ON FORGED DOCUMENT: Contrary to section 345 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA between the 15th day of August 2008 and 31st day of August 2008, at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, obtained $1,857.57 cash by virtue of a forged instrument, namely Fiji Islands Revenue & Customs Authority cheque number 230295, knowing the same to be forged.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA between the 1st day of June 2008 and the 31st day of August 2008, at Nadi in the Western Division, with intent to defraud, obtained from Nilesh Alvin Sharma, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Nilesh Alvin Sharma.

SALENDRA SEN SINHA with another between the 1st day of June 2008 and the 31st day of August 2008 at Lautoka in the Western Division, with intent to defraud, forged a Fiji passport number 749201 belonging to Nilesh Alvin Sharma, by substituting the photo of the said Nilesh Alvin Sharma with the photo of Niraj Sandeep Singh, purporting the said passport to be the passport of Niraj Sandeep Singh.

SALENDRA SEN SINHA with another between the 1st day of June 2008 and the 31st day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged Fiji Islands Revenue & Customs Authority cheque number 230296 in the sum of $10,138.45, by erasing the name of Oneva Real Estate on the payee section of the said cheque and writing the name of Nilesh Alvin Sharma, purporting the said cheque to be payable to Nilesh Alvin Sharma.

SALENDRA SEN SINHA with another between the 1st day of June 2008 and the 31st day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged Fiji Islands Revenue & Customs Authority cheque number 230303 in the sum of $3,272.80, by erasing the name of Oneva Real Estate on the payee section of the said cheque and writing the name of Nilesh Alvin Sharma, purporting the said cheque to be payable to Nilesh Alvin Sharma.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA between the 1st day of May 2008 and the 30th day of June 2008, at Nasinu in the Eastern Division, with intent to defraud, obtained from Billy Prakash Chandra, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Billy Prakash Chandra.

SALENDRA SEN SINHA with another between the 1st day of June 2008 and the 31st day of August 2008 at Lautoka in the Western Division, with intent to defraud, forged a Fiji passport number 708263 belonging to Billy Prakash Chandra, by substituting the photo of the said Billy Prakash Chandra with the photo of Mohammed Ramjan, purporting the said passport to be the passport of Mohammed Ramjan.

SALENDRA SEN SINHA with another between the 1st day of June 2008 and the 31st day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged Fiji Islands Revenue & Customs Authority cheque number 230297 in the sum of $1,329.55, by erasing the name of Oneva Real Estate on the payee section of the said cheque and writing the name of Billy Prakash Chandra, purporting the said cheque to be payable to Billy Prakash Chandra.

UTTERING FORGED DOCUMENT: Contrary to section 343 (1) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 15th day of August 2008 and 31st day of August 2008 at Lautoka in the Western Division, knowingly and fraudulently, uttered Fiji Islands Revenue & Customs Authority cheque number 230297 in the sum of $1,329.55, purporting the said cheque to be payable to Billy Prakash Chandra, knowing the same to be forged.

OBTAINING MONEY ON FORGED DOCUMENT: Contrary to section 345 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 15th day of August 2008 and the 31st day of August 2008, at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, obtained $1,329.55 cash by virtue of a forged instrument, namely Fiji Islands Revenue & Customs Authority cheque number 230297, knowing the same to be forged.

OBTAINING MONEY BY FALSE PRETENCES: Contrary to section 309 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA between the 1st day of May 2008 and the 30th day of June 2008, at Nadi in the Western Division, with intent to defraud, obtained from Om Vimlesh Chand, the sum of $555.00 in cash for his own benefit, by falsely pretending that he was employed by Australian Mining Employment Services and was therefore in a position to secure employment in Australia at Australian Mining Employment Services for the said Om Vimlesh Chand.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 18th day of August 2008 at Lautoka in the Western Division, with intent to defraud, forged a Fiji passport number 747717 belonging to Om Vimlesh Chand, by substituting the photo of the said Om Vimlesh Chand with the photo of Niraj Sandeep Chand, purporting the said passport to be the passport of Niraj Sandeep Chand.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 18th day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged Fiji Islands Revenue & Customs Authority cheque number 230298 in the sum of $1,757.14, by erasing the name of Kadomo Island Resort on the payee section of the said cheque and writing the name of Om Vimlesh Chand, purporting the said cheque to be payable to Om Vimlesh Chand.

UTTERING FORGED DOCUMENT: Contrary to section 343 (1) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 18th day of August 2008 at Lautoka in the Western Division, knowingly and fraudulently, uttered Fiji Islands Revenue & Customs Authority cheque number 230298 in the sum of $1,757.14, purporting the said cheque to be payable to Om Vimlesh Chand, knowing the same to be forged.

OBTAINING MONEY ON FORGED DOCUMENT: Contrary to section 345 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 13th day of August 2008 and the 18th day of August 2008, at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, obtained $1,757.14 cash by virtue of a forged instrument, namely Fiji Islands Revenue & Customs Authority cheque number 230298, knowing the same to be forged.

SALENDRA SEN SINHA with another between the 1st day of August 2008 and the 31st day of August 2008 at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, forged Fiji Islands Revenue & Customs Authority cheque number 230415 in the sum of $186,561.65, by erasing the name of Pravinesh Singh on the payee section of the said cheque and writing the name of Coral Coast Hardware, purporting the said cheque to be payable to Coral Coast Hardware.

UTTERING FORGED DOCUMENT: Contrary to section 343 (1) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 1st day of August 2008 and the 31st day of August 2008 at Lautoka in the Western Division, knowingly and fraudulently, uttered Fiji Islands Revenue & Customs Authority cheque number 230415 in the sum of $186,561.65, purporting the said cheque to be payable to Coral Coast Hardware, knowing the same to be forged.

CAUSING PAYMENT OF FUNDS BY VIRTUE OF A FORGED DOCUMENT: Contrary to section 345 (a) of the Penal Code, Cap 17.

SALENDRA SEN SINHA with another between the 1st day of August 2008 and the 31st day of August 2008, at Lautoka in the Western Division, with intent to defraud Fiji Islands Revenue & Customs Authority, caused the payment of $186,561.65 into the ANZ bank account number 9634121 by virtue of a forged instrument, namely Fiji Islands Revenue & Customs Authority cheque number 230415, knowing the same to be forged.

[3] A set of facts was prepared covering the details of each and every charge laid against you. These facts were read to you and read over by you and you agreed to each and every one of them. As a result I found you guilty on each of the 61 counts and I convicted you of each of those counts.

On the 5th day of May 2008, the accused, Salendra Sen Sinha with others, put an advertisement in the Fiji Times on behalf of Australian Mining Employment Services (AMES). In the advertisement representations were made that over 1000 jobs were immediately available through Australia on a 4 year contract basis. It further read that interested parties should go to the Mecure Hotel in Nadi later in May 2008 for interviews. The accused represented himself as an agent of Australian Mining Employment Services. In fact the accused was not an agent of Australian Mining Services nor was he employed by AMEs at any time.

The following people (hereinafter referred to as the complainants) responded to the said advertisement put in the newspaper by the accused:

All the above complainants went to Mecure Hotel in Nadi where they were served by the accused and his accomplices. At Mecure Hotel the accused told all the complainants that he was an agent of AMES and that he was in a position to secure employment for them in Australia Mining Employment Services. The complainants were then given application forms to be filled, which they did. They were then interviewed by the accused and his accomplices. The complainants were then informed by the accused and his accomplice that he will contact them at a later date for a second interview. Following their first meeting, the accused called all the complainants and informed them that their applications were successful and that they have to come for a second interview at the Mecure Hotel in Nadi. They were further advised by the accused to bring their birth certificates, passports, marriage certificates and other documentation relevant to their applications in order to obtain work visas in Australia. When the complainants reached the Mecure Hotel in Nadi, they submitted all their documents including their passports to the accused for application for work visas. The accused had asked them to submit their passports to him as he would apply for their visas with the Australian Embassy, which they did. The accused then told the complainants that they need to pay a sum of $555.00 cash as cost for their visa applications. Not all the complainants have the said sum with them when they went to Mecure Hotel. The accused told them to have the money arranged and he will pick it from them.

Between the 10th day of May 2008 and 9th day of July 2008, in Ba, Mr. Mustaq Roshan Ali f/n Muntaz Ali arranged for $555.00 cash and gave it to the accused for the application of his visa.

Between the 10th day of May 2008 and the 9th day of July 2008, in Ba, Mr. Roneel Chand f/n Pradeep Chand arranged for $555.00 cash and gave it to the accused for the application of his visa. The accused then asked for further $263.00 from Roneel Chand for medical checkup which Roneel gave to the accused.

Between the 15th day of May 2008 and the 28th day of may 2008, in Nadi, Mr. Vinay Prasad Sharma f/n Kamla Prasad Sharma arranged for $555.00 cash and gave it to the accused. The accused then asked for further $555.00 for lodging Mr. Vinay's brother's application, which Mr. Vinay paid to the accused.

On the 20th day of May 2008 at Nadi, Mr. Amit Chand f/n Ami Chand, arranged for $500.00 cash and gave it to the accused. Mr. Amit Chand could not arrange the full the $555.00 so the accused only took $500.00 from him.

On the 26th day of May 2008, at Nadi, Mr. Rajneel Bimlesh Narayan f/n Ram Narayan arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 28th day of May 2008, at Nadi, Mr. Ravinesh Prasad arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 5th day of June 2008 at Nadi, Mr. Prakash Chand arranged for $555.00 cash and gave it to the accused for the application of his visa. The accused asked for further $221.00 so that he can arrange for Mr. Prakash Chand's medical examination, which Mr. Prakash paid him.

On the 9th day of June 2008, at Nadi, Mr. Suresh Prasad and Mr. Mahendra Lal arranged for $555.00 cash each and gave it to the accused for the application of their respective visas.

On the 17th day of June 2008, at Nadi, Mr. Jay Narayan arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 17th day of July 2008, at Nadi, Mr. Suresh Chand arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 18th day of June 2008, at Nadi, Mr. Kavitesh Arun Kumar arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 11th day of July 2008, at Nadi, Mr. Vijay Naidu arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 9th day of June 2008, at Tavua, Mr. Sunil Prakash arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 14th day of June 2008, at Tavuai, Mr. Rajesh Chand arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 14th day of June 2008, at Tavua, Mr. Kamal Roy Singh arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 17th day of June 2008, at Tavua, Mr. Kamal Sashi Prasad arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 19th day of June 2008, at Tavua, Mr. Avindra Singh arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 19th day of June 2008, at Tavua, Mr. William Peters arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 21st day of June 2008, at Tavua, Mr. Raj Kumar arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 23rd day of June 2008, at Tavua, Mr. Raman Naidu arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 24th day of June 2008, at Tavua, Mr. Anil Kumar arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 25th day of June 2008, at Tavua, Mr. Munesh Sanjay Ram arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 25th day of June 2008, at Tavua, Mr. Gyaneshwaran arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 25th day of June 2008, at Tavua, Mr. Lene Mario arranged for $555.00 cash and gave it to the accused for the application of his visa.

Between the 1st day of July 2008 and the 31st day of July 2008, at Tavua, Mr. Ilaitia Tura Sivoinavatu arranged for $555.00 cash and gave it to the accused for the application of his visa. The accused asked for another $185.00 cash for processing Mr. Ilaitia Ture Sivoinavatu's passport, which Mr. Ilaitia paid to the accused.

On the 19th day of June 2008, at Tavua, Mr. Pradeep Chand arranged for $555.00 cash and gave it to the accused for the application of his visa.

On the 25th day of June 2008, at Tavua, Mr. Emosi Vamarasi arranged for $555.00 cash and gave it to the accused for the application of his visa.

Between the 1st day of August 2008 and the 31st day of August 2008, the accused approached one Samuela Wainibuli who was a post assistant at Nadi Airport Post Office. The accused and Samuela planned to steal Fiji Islands Revenue and Customs Authority (FIRCA) cheques that come in the mail bag to the Nadi Airport Post Office. The reason for doing so, was that the accused will forge the cheques and cash it for their own use. Samuela agreed and delivered the FIRCA cheques that were sent to the Nadi Airport Post Office to the accused instead of delivering it to the parties whose name was on the payee section of the respective cheques. The accused and Samuela stole 8 FIRCA cheques. The total amount of the said cheques was $213,843.84.

Between the 1st day of May 2008 and the 30th day of June 2008, at Nadi, Mr. Lawrence Arvind Singh arranged for $555.00 cash and gave it to the accused for the application of his visa. Mr. Lawrence also handed over his passport number 633651 to the accused for the process of his visa as promised by the accused.

Between the 13th day of August 2008 and the 22nd day of August 2008, at Lautoka, the accused removed the plastic covering from the passport of Lawrence Arvind Singh. He then removed the passport photo of Lawrence Arvind Singh from the passport and substituted it with the passport photo of one Mohammed Ramjan. Mohammed Ramjan is a friend of the accused. The accused had planned with Mohammed Ramjan to use the passport as a form of identification to cash the FIRCA cheques which the accused had stolen. The accused then forged FIRCA cheque number 230301 by erasing the name of Oneva Real Estate from the payee section of the said cheque and wrote it the name of Lawrence Singh on the payee section of the cheque. The said cheque was amounting to a value of $1,881.51. The accused then gave the forged passport of Lawrence Arvind Singh and the forged FIRCA cheque to Mohammed Ramjan and told Mohammed Ramjan to cash the cheque using the false ID on the passport. Mohammed Ramjan went to Food For Less Supermarket in Lautoka and presented the cheque to them. Mohammed Ramjan used the forged passport as a form identification when presenting the cheque. The cheque was cashed by Food For Less Supermarket. Mohammed Ramjan gave the cash to a total value of $1,881.51 to the accused which the accused shared between the both of them. The money was used for personal purpose by the accused and Mohammed Ramjan.

Between the 13th day of August 2008 and the 22nd day of August 2008, at Lautoka, Mr. Sanjeev Kumar arranged for $555.00 cash and gave it to the accused for the application of his visa. Mr. Sanjeev also handed over his passport number 633651 to the accused for the process of his visa as promised by the accused.

Between the 13th day of August 2008 and the 22nd day of August 2008, at Lautoka, the accused removed the plastic covering from the passport of Sanjeev Kumar. He then removed the passport photo of Sanjeev Kumar from the passport and substituted it with the passport photo of one Mohammed Ramjan. Mohammed Ramjan is a friend of the accused. The accused had planned with Mohammed Ramjan to use the passport as a form of identification to cash the FIRCA cheques which the accused had stolen. The accused then forged FIRCA cheque number 230265 by erasing the name of Vimal Segran Naidu from the payee section of the said cheque and wrote it the name of Sanjeev Kumar on the payee section of the cheque. The said cheque was amounting to a value of $7,045.17. The accused then gave the forged passport of Sanjeev Kumar and the forged FIRCA cheque to Mohammed Ramjan and told Mohammed Ramjan to cash the cheque using the false ID on the passport. Mohammed Ramjan went to Real Me Dressing in Suva and presented the cheque to them. Mohammed Ramjan used the forged passport as a form identification when presenting the cheque. The cheque was cashed by Real Me Dressing. Mohammed Ramjan gave the cash to a total value of $7,045.17 to the accused which the accused shared between the both of them. The money was used for personal purpose by the accused and Mohammed Ramjan.

Between the 1st day of May 2008 and the 31st day of August 2008, at Nadi, Mr. Vimal Krishna Reddy arranged for $555.00 cash and gave it to the accused for the application of his visa. Mr. Vimal also handed over his passport number 499929 to the accused for the process of his visa as promised by the accused.

Between the 13th day of August 2008 and the 22nd day of August 2008, at Lautoka, the accused removed the plastic covering from the passport of Vimal Krishna Reddy. He then removed the passport photo of Vimal Krishna Reddy from the passport and substituted it with the passport photo of himself. The accused had planned to use the passport as a form of identification to cash the FIRCA cheques which the accused had stolen. The accused then forged FIRCA cheque number 230295 by erasing the name of Oneva Real Estate from the payee section of the said cheque and wrote it the name of Vimal Krishna Reddy on the payee section of the cheque. The said cheque was amounting to a value of $1,857.57. The accused then went to Reddy Wines in Lautoka and presented the cheque to them. The accused used the forged passport as a form identification when presenting the cheque. The cheque was cashed by Reddy Wines. The accused used the cashed amount of $1,857.57 for personal purposes.

Between the 1st day of June 2008 and the 31st day of August 2008, at Nadi, Mr. Nilesh Alvin Sharma arranged for $555.00 cash and gave it to the accused for the application of his visa. Mr. Sharma also handed over his passport number 749201 to the accused for the process of his visa as promised by the accused.

Between the 1st day of June 2008 and the 31st day of August 2008, at Lautoka, the accused removed the plastic covering from the passport of Nilesh Arvind Sharma. He then removed the passport photo of Nilesh Arvind Sharma from the passport and substituted it with the passport photo of one Niraj Sandeep Singh. Niraj Sandeep Singh is a friend of the accused. The accused had planned with Niraj Sandeep Singh to use the passport as a form of identification to cash the FIRCA cheques which the accused had stolen. The accused then forged FIRCA cheque number 230296 by erasing the name of Oneva Real Estate from the payee section of the said cheque and wrote it the name of Nilesh Alvin Sharma on the payee section of the cheque. The said cheque was amounting to a value of $10,138.45. The accused then forged FIRCA cheque number 230303 by erasing the name of Oneva Real Estate from the payee section of the said cheque and wrote it the name of Nilesh Alvin Sharma on the payee section of the cheque. The said cheque was amounting to a value of $3,272.80. The accused then gave the forged passport of Nilesh Alvin Sharma and the two forged FIRCA cheques to Niraj Sandeep Singh and told Niraj Sandeep Singh to cash the cheque using the false ID on the passport. Niraj Sandeep Singh handed over the forged passport and the forged cheques to police.

Between the 1st day of May 2008 and the 30th day of June 2008, at Nadi, Mr. Billy Prakash Chandra arranged for $555.00 cash and gave it to the accused for the application of his visa. Mr. Lawrence also handed over his passport number 708263 to the accused for the process of his visa as promised by the accused.

Between the 1st day of June 2008 and the 31st day of August 2008, at Lautoka, the accused removed the plastic covering from the passport of Billy Prakash Chandra. He then removed the passport photo of Billy Prakash Chandra from the passport and substituted it with the passport photo of one Mohammed Ramjan. The accused had planned with Mohammed Ramjan to use the passport as a form of identification to cash the FIRCA cheques which the accused had stolen. The accused then forged FIRCA cheque number 230297 by erasing the name of Oneva Real Estate from the payee section of the said cheque and wrote it the name of Billy Prakash Chandra on the payee section of the cheque. The said cheque was amounting to a value of $1,329.55. The accused then gave the forged passport of Billy Prakash Chandra and the forged FIRCA cheque to Mohammed Ramjan and told Mohammed Ramjan to cash the cheque using the false ID on the passport. Mohammed Ramjan went to Reddy Wines in Lautoka and presented the cheque to them. Mohammed Ramjan used the forged passport as a form identification when presenting the cheque. The cheque was cashed by Reddy Wines. Mohammed Ramjan gave the cash to a total value of $1,329.55 to the accused which the accused shared between the both of them. The money was used for personal purpose by the accused and Mohammed Ramjan.

Between the 1st day of May 2008 and the 30th day of June 2008, at Nadi, Mr. Om Vimlesh Chand arranged for $555.00 cash and gave it to the accused for the application of his visa. Mr.Om also handed over his passport number 747717 to the accused for the process of his visa as promised by the accused.

Between the 13th day of August 2008 and the 18th day of August 2008, at Lautoka, the accused removed the plastic covering from the passport of Om Vimlesh Chand. He then removed the passport photo of Om Vimlesh Chand from the passport and substituted it with the passport photo of one Niraj Sandeep Chand. The accused had planned with Niraj Sandeep Chand to use the passport as a form of identification to cash the FIRCA cheques which the accused had stolen. The accused then forged FIRCA cheque number 230298 by erasing the name of Kadomo Island Resort from the payee section of the said cheque and wrote it the name of Om Vimlesh Chand on the payee section of the cheque. The said cheque was amounting to a value of $1,757.14. The accused then gave the forged passport of Om Vimlesh Chand and the forged FIRCA cheque to Niraj Sandeep Chand and told Niraj Sandeep Chand to cash the cheque using the false ID on the passport. Niraj Sandeep Chand went to Reddy Wines in Lautoka and presented the cheque to them. Niraj Sandeep Chand used the forged passport as a form identification when presenting the cheque. The cheque was cashed by Reddy Wines. Niraj Sandeep Chand gave the cash to a total value of $1,757.14 to the accused which the accused shared between the both of them. The money was used for personal purpose by the accused and Niraj Sandeep Chand.

Between the 1st day of August 2008 and the 31st day of August 2008, the accused forged a FIRCA cheque number 230415 by erasing the name of Pravinesh Singh from the payee section of the said cheque and wrote the name of Coral Coast Hardware on the payee section of the said cheque. The initial amount on the cheque was $1,413.74. The accused changed the amount on the cheque to read $186,561.65. The accused then took the forged cheque to ANZ Bank in Lautoka and presented the cheque at the tellers section of the said bank. The accused deposited the cheque in ANZ Bank Account number 9634121 belonging to Coral Coast Hardware. By depositing the said cheque, the bank transferred the amount of $186,561.65 from FIRCA's bank account into Coral Coast Hardware's account. One Faiyaz Khan owns Coral Coast Hardware. He is a friend of the accused. The accused with Faiyaz Khan planned to defraud FIRCA by doing so. Faiyaz Khan withdrew the sum of $186,561.65 from the bank account number 9634121 over a period of time and used the monies for his personal purposes.

When the complainants from whom the accused had falsely represented that he will arrange work visas to work in Australian Mining Company, did not receive any response from the accused, nor the Australian Embassy, the matter was reported to police.

Investigations were carried out by police and it revealed that the Labour Department confirmed that Australian Mining Employment Services did not have a permit to act as a recruitment agency in Fiji.

The Australian Embassy confirmed that they did not receive any visa applications from the accused for the complainants.

The investigations also revealed that the accused was never employed by Australian Mining Employment Services nor he is an agent of the said company.

The accused was arrested and interviewed under caution. In his caution interview, the accused confessed to all the allegations put to him. He was subsequently charged.

[5] You told me that you are 34 years of age, and prior to arrest you worked as a gardener and a farmer of root crops. You were educated to class 8 in Natadola, but you said you had a very unhappy childhood, your mother dying when you were 9 years old and your father thereafter taking a string of partners most of whom did not like you. Although you were academically bright your life was a life of drudgery having to do all of the household chores. Your first foray into dishonesty came when at 17 years of age, you stole a wallet from a tourist on Natadola beach, a crime which you told me rather alarmingly precipitated you into a long career of dishonesty. You have 16 previous convictions since 2000, all of them for dishonesty.

[6] You have a daughter of three years old, your wife having left you soon after you were charged with these offences. That little girl is now living with your mother-in-law who gave rather unsatisfactory evidence in mitigation on your behalf. She told me that she was struggling to support your daughter as well as a young girl of her own and she asked therefore that you be treated leniently so that you could be released early to help to provide for the family.

[7] You told me that your greatest worry about being incarcerated is that your daughter may fall prey to one or more of the many paedophiles abroad in this country. You claim to have received very little financial benefit from all of these offences – you tell me that two co-accused escaped to New Zealand with most of the money and your wife.

[8] You say that you have converted to Christianity (from Hinduism) in prison and that you will never come back before the Courts again. You have family land in Natadola where you wish to retire, farm and raise your daughter.

[9] The only true strength in your mitigation lies in your guilty pleas which save Court's time and the expense of what would have been at least three trials. Family circumstances carry little weight in mitigation because they are matters that should have been considered before embarking on a spree of crime.

[10] One group of offences can be identified in those charged in the information. They are the offences of obtaining money by false pretences; thirty four offences altogether (1 – 28, 30, 35, 40, 45, 49 & 54). They all use the same modus operandi where you held yourself out to be a representative of an Australian employer and you took money from applicants for work, falsely advising them that the money (in most cases $555) was needed for a visa fee. Needless to say the money, nor a visa, nor the accused was even seen again.

[11] The tariff for this offence under the Penal Code is from 18 months to five years; the difference being in the amount of money being obtained (Jona Saukilagi – HAC 21 of 2004).

[12] These offences were pre-meditated, cynical and despicable. They were all committed in the middle months of the year 2008 at a time when the unemployment rate was very high in Fiji and when young men (as most of these victims were) were desperate to find work to support their families and villages. The sum of $555 whilst not enormous must have been a huge amount for each of them to procure. This fact represents an aggravating feature of great force. I take as my starting point a term of two years and for the aggravating features referred to above as well as your lack of restitution I add to this sentence a further three years. You have entered unequivocal pleas of guilty which is very much to your credit and you tell me that you are remorseful (although a claim of remorse from a "conman" is not entirely convincing) and for these mitigating features I deduct a period of two years and six months; meaning that for each offence of obtaining money by false pretences you will serve a total term of two years and six months. These terms will be served concurrently with each other. Credit for time spent in custody has already been given to you by Justice Goundar in his recent sentence on you after you were convicted of 2 fraud offences (HAC 46 of 2008).

[13] You have pleaded guilty to one count of larceny (Count 29); the facts relating to that charge were that in collusion with another who worked at the Nadi Airport Office you stole 8 cheques drawn by FIRCA made payable to third parties all for a total mount of $213,843.84. This theft then enabled you to commit further offences of forgery and obtaining funds on the strength of those forgeries.

[14] Having been convicted previously of four larceny offences since the year 2000, the maximum penalty for this offence is ten years. Despite this high maximum and despite your shocking record, the tariff remains within the range of nine months to three years. As Shameem J said in Saukilagi (supra):

"The tariff for simple larceny on first conviction is 2 to 9 months and on second conviction a sentence in excess of 9 months. In cases of larceny of large amounts of money sentences of 1 ½ years imprisonment and 3 years imprisonment have been upheld by the High Court (Sevanaia Via Koroi – C.A. HAA 31 of 2001). Muchdepends on the value of the money stolen and the nature of the relationship between victim and defendant. The method of stealing is also relevant."

[15] The theft of these cheques cannot be viewed as a simple larceny. It was a premeditated calculated theft of cheques belonging to the Fiji Government, and cheques destined for rightful recipients of government money through the agency of FIRCA. By stealing them, you interfered in Government to citizen financial transactions which greatly increases the severity of the offence. I take as a starting point for this offence a term of three years, considering the aggravation referred to earlier as well as reflecting the large value of the property stolen. Your plea of guilty entitles you to a discount of one year from that starting point which means you will serve a total of two years for this offence.

[16] There then follows a group of forgery offences of which you have been convicted. These forgeries are all forgeries of the eight FIRCA cheques stolen by you where you fraudulently altered the name of the payee on each cheque, thereby enabling you to commit other offences (which are irrelevant to the sentence on these offences). These altered (and therefore forged) cheques are the subject of Counts 32, 37, 43, 47, 48, 51, 56 and 59 on the information.

[17] The maximum penalty for forgery under the Penal Code is fourteen years imprisonment and the leading Fiji authorities of Kesi (HAC 24 of 2009) and Hu Jun Yun (HAA 24/2005) set a tariff range of 18 months to three years. For each of these forgery offences I take a starting point of three years, reducing each to a term of two years to reflect your plea of guilty. Each term of two years will be served concurrently with each other.

[18] You have been convicted of six forgery counts where you have altered the passports of six persons by way of "photosubstitution" (Counts 31, 36, 41, 46, 50 and 55). For these offences I sentence you to the same term of two years as I did for the forgery of the cheques (and for the same reasons). These sentences will be served concurrently with each other.

[19] You stand convicted of six counts of uttering: that is to say uttering six of the eight FIRCA cheques that you forged. Two of the cheques were not uttered but surrendered to the Police for investigation. (The uttering counts are Counts 33, 38, 43, 52, 57 and 60). The uttering is part and parcel with the forgeries and for the same reasons given for the forgery sentences, I sentence you to two years on each of the uttering charges to be served concurrently with each other. (These two year terms include a discount for your plea of guilty.

[20] You have convicted of five counts of obtaining money on a forged document (Counts 34, 39, 44, 53 and 58) and one count of causing payment of funds by virtue of a forged document (Count 61). These counts are derived from the uttering of the forged cheques where in five instances you obtained the money represented by the sums written on the cheques and in Count 61 you enabled another to obtain a very large sum of Government funds. For the five counts of obtaining money on a forged document I sentence you to the same two year sentence (taking into account your guilty plea) and each of these sentences is to be served concurrently with each other (i.e. Courts 34, 39, 44, 53 and 58).

[21] For Count 61, whereby you enabled one Faiyaz Khan to obtain $186,561 by means of a forged FIRCA cheque, the criminality is much more serious. I take a starting point of four years and deduct 16 months for your guilty plea. You will serve two years and eight months for this offence concurrently with the sentences on the other five obtaining money on a forged document counts.

[22] The Sentencing and Penalties Decree 2009 makes provision for enhancing sentences for habitual offenders, however most unfortunately fraud offences are not covered by the offences listed on section 10. There is no obvious reason why they should not be, because offences of fraud including forgery, uttering, obtaining by deception etc are offences of great addiction leading to chronic recidivism. As this Court said in Atil Sharma (HAC 122 of 2010L) whether it was an intentional omission by the legislature or not, offences of fraud should be included in the categories listed in section 10, if but for the very protection of the gullible, the unsophisticated, the impressionable and the community at large. I would urge the authorities concerned to consider amending section 10 of the Decree by adding to the list of offences there, offences involving fraud or deception.

[23] Nevertheless, despite there being no provision for you to be legally classified as at habitual offender, I do for the purposes of this sentence regard you as such. I will call you a serious repeat offender, and will apply the same principles that can be applied to habitual offenders. With your very long history of dishonesty and fraud, the community at large (including banking institutions) must be protected from you; and your spree of crime between 10th May 2008 and 31st August 2008 must be visited with appropriate punishment. It is only proper that the offences of which you are convicted attract terms of imprisonment that are within the established tariffs and without removing all hope of rehabilitation for you, condign punishment can be visited upon you by means of concurrent and consecutive sentences. The sentences you will serve therefore are as follows:

Counts	1 -	2 year 6 months
	2 -	2 year 6 months
	3 -	2 year 6 months
	4 -	2 year 6 months
	5 -	2 year 6 months
	6 -	2 year 6 months
	7 -	2 year 6 months
	8 -	2 year 6 months
	9 -	2 year 6 months
	10 -	2 year 6 months
	11 -	2 year 6 months
	12 -	2 year 6 months
	13 -	2 year 6 months
	14 -	2 year 6 months
	15 -	2 year 6 months
	16 -	2 year 6 months
	17 -	2 year 6 months
	18 -	2 year 6 months
	19 -	2 year 6 months
	20 -	2 year 6 months
	21 -	2 year 6 months
	22 -	2 year 6 months
	23 -	2 year 6 months
	24 -	2 year 6 months
	25 -	2 year 6 months
	26 -	2 year 6 months
	27 -	2 year 6 months
	28 -	2 year 6 months
	30 -	2 year 6 months
	35 -	2 year 6 months
	40 -	2 year 6 months
	45 -	2 year 6 months
	49 -	2 year 6 months
	54 -	2 year 6 months

Counts	29 -	2 years	Concurrent with 32 to 59, and with 31 to 55.

Counts	32 -	2 years	Concurrent with each other.
	37 -	2 years
	42 -	2 years
	47 -	2 years
	48 -	2 years
	51 -	2 years
	56 -	2 years
	59 -	2 years

Counts	31 -	2 years	Concurrent with each other and concurrent with 32 to 39.
	36 -	2 years
	41 -	2 years
	46 -	2 years
	50 -	2 years
	55 -	2 years

Counts	33 -	2 years	Concurrent with each other and concurrent with 29, 32 to 59, and 31 to 55.
	38 -	2 years
	43 -	2 years
	52 -	2 years
	57 -	2 years
	60 -	2 years

Counts	34 -	2 years	All concurrent with each other and concurrent to Count 61.
	39 -	2 years
	44 -	2 years
	53 -	2 years
	58 -	2 years

Count	61 -	2 years	8 months

[24] As this Court said in Etuate Suguturaga – HAC 43 of 2009L offences of obtaining on forged instruments must stand apart from their cognate offences of forgery and uttering, for the very reason that the obtaining or the fraudulent result of forgery and uttering and in this case as in Suguturaga it is effecting a commercial fraud on legitimate financial institutions. Bearing this nefariousness in mind, and in view of you being a serious repeat offender the sentences for Counts 34, 39, 44, 53, 58 and 61 whilst concurrent with each other will be served consecutively to the other sentences; making a total sentence to be served by you to be one of five years and two months.

[25] Whilst I am aware of the provisions of section 22(1) of the Sentencing and Penalties Decree, 2009, I nevertheless direct that this term will be served consecutively to any existing sentence you are serving, and you will not be eligible for parole until you have served four years of this sentence.

[26] You have already received credit for time spent in custody while awaiting trial by Goundar J. in your case number HAC 46 of 2008.

High Court of Fiji

State v Sinha - Sentence [2010] FJHC 589; HAC15.2009L (10 December 2010)