State v Chand [2011] FJHC 517; HAC045.2010 (12 September 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 045 OF 2011

STATE

vs

ABISHEK CHAND
1st Accused

JAVEED ALI
2nd Accused

Mr. F. Lacanivalu for the State
Mr. T. Terere [Legal Aid Commission] for Accused

Dates of Hearing: 1st, 8th September 2011
Date of Sentence: 12th September 2011

SENTENCE
[Counterfeiting Currency]

[1] The two accused were charged with one count of counterfeiting and the second accused with an additional count of uttering a counterfeit currency note. The charges read as follows:

Count 1

Statement of Offence

COUNTERFEIT NOTES: Contrary to section 164 (1)(b) (a) of the Crimes Decree, No. 44 of 2009.

Particulars of Offence

ABISHEK CHAND and JAVEED ALI on the 19th day of February, 2011 at Sigatoka in the Western Division counterfeited the Fiji currency notes of 4 x $5.00 of the same serial number: CL137818 and 5 x $2.00 of the same serial number: CW917514 which are currency notes used in Fiji.

Count 2

Statement of Offence

UTTERING COUNTERFEIT NOTES: Contrary to section 166(1) (b) of the Crimes Decree, No. 44 of 2009.

Particulars of Offence

JAVEED ALI on the 19th day of February, 2011 at Sigatoka in the Western Division presented counterfeited Fiji currency notes of 4 x $5.00 of the same serial number: CL137818 and 5 x $2.00 of the same serial number: CW917514 to Kitiana Qoro for the purchase of fuel at BP Service Station valued at $30.00.

[2] To these charges, both accused entered pleas of guilty and on agreeing the relevant facts they were convicted.

[3] The facts are that on the 19th February 2011, the two accused, by means of a computer and printer, scanned and counterfeited four $5 notes and 5 $2 notes. They printed them on normal A4 paper and used scissors and a cutter to cut them to exact size. The notes were all with the same serial number. The equipment used belonged to a shop in Sigatoka that the first accused was managing for his uncle who was overseas. On the day the currency was printed, the second accused paid two visits to a BP Service Station in Sigatoka and using some of the notes filled his vehicle with petrol to the value of $30.00. The petrol station attendant became suspicious when she noticed that the notes felt "strange" and they all had the same serial number.

[4] Both accused are 17 years old and both are Form Seven students at a school in Sigatoka. Both live with their parents.

[5] Counterfeiting currency is a very serious offence which carries a maximum penalty of life imprisonment and uttering counterfeit currency carries a maximum of five years imprisonment. Little assistance is provided for the Court by way of previous Fiji cases, however the offence was looked at in detail in R v Howard 82 Cr. App R 262 by the English Court of Appeal. There the Court of Appeal said that Counterfeiting of Currency notes undermines the whole economy of the country and in nearly every case a custodial sentence would be required to punish the wrongdoer and deter him from committing the same offence in the future. The quantity of notes seized is also very relevant because it determines, not only the potential damage to the economy, but the extent of the proximity of the offender to the source of the counterfeiting. In that case two years imprisonment was upheld for a man of good character who pleaded guilty to uttering one counterfeit £20 note.

[6] The total value of notes produced in this criminal enterprise was only thirty dollars. They "made" four $5 notes and five $2 notes. The production was unsophisticated and amateurish. I agree with defence counsel who submits that there was no large scale counterfeiting, nor was there a threat to our national economy. The young men were filling in time by experimenting and adventuring.

[7] Very fortunately Fiji has not been a victim in the past to sophisticated and professional currency counterfeiting, and this enterprise goes nowhere near to emulating such activity. That being so however it does not mean that the two accused can escape liability for their foolish, and probably thoughtless undertaking.

[8]. Whereas a sophisticated counterfeiting operation producing a very large number of currency notes flooding into the nation's currency network would no doubt attract sentences of twelve to eighteen years, this "schoolboy prank" deserves a starting point in sentence of four years, still reflecting the obvious seriousness of an attack on the nation's currency. There are no aggravating features apart from the gravity of the crime reflected in the starting point. The mitigation advanced by defence counsel, in that the value of currency produced is low and there was no threat to the economy of the State leads me to reduce that starting point by two years to a term of two years. They deserve credit for their co-operation with the Police and for their pleas of guilty and the sentence is therefore reduced to a term of 12 months.

[9] The offenders being young and being desirous of continuing their education are factors of considerable weight, as is their obvious genuine remorse. For these reasons, I will suspend the sentences of twelve months for a period of two years.

[10] (Suspended sentence is explained)

[11] In addition to the suspended sentence, I order that each of these accused perform 150 hours of community work in the Sigatoka District. They are to be instructed by and supervised in this pursuit by the Welfare Officer, of the Department of Social Welfare,
Lawaqa Street, Sigatoka and they are to contact her for instructions within fourteen days of this sentence. On completion of the 300 hours community work, a report is to be forwarded to this Court, by the Department.

Paul K. Madigan
JUDGE

At Lautoka
12 September 2011