State v Buksh [2010] FJMC 110; Criminal Case 232 of 2010 (14 May 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Case No 232/10

BETWEEN

THE STATE

AND

AFZAL BUKSH

SENTENCE

1. You Afzal Buksh are to be sentenced upon pleading guilty to six counts of Obtaining a financial advantage by deception contrary to Section 318 of the Crimes Decree.
   
2. The maximum sentence for this offence is ten years imprisonment.
   
3. You have been charged for obtaining five dollars each from six complainants.
   
4. It was revealed that you have taken this money by promising them to make their ID cards and to employ them as carpenters at Lautoka Hospital.
   
5. In this case I pick 12 months as the starting point for each count.
   
6. Although the amount you have taken from the six complainants is small you have deceived them by saying that you would get employments for them. The prosecution informed you have three previous convictions for obtaining money by false pretence. You have been convicted in 2009 for obtaining money by false pretence and have been imposed a 12 months imprisonment suspended for two years. In all you previous convictions you have been imposed suspended terms only.
   
7. It appears that you have not tried to correct yourself even after those sentences. You have committed the offences in the present case during the suspended period of a previous conviction. You don't seem to have realized the gravity of a suspended sentence.
   
8. This court has seen many instances where persons have been cheated saying that they will be given employments. You have taken the advantage of the crave of unemployed persons to find employments.
   
9. The court has to send a message to the society of the consequences of taking advantage of the poverty, lack of education and unemployment of members of the public.
   
10. For the aggravating circumstances I enhance the sentence by 3 months.
    
11. In mitigation you said that you are unemployed and needed money to buy food. You said you are renting and have three children. You said only one child is working and the other two are 22 and 26 years old. You further said that you are 56 years and you are willing to return the money.
    
12. You have pleaded guilty at the very outset saving the time of this court.
    
13. For the mitigatory circumstances I reduce the sentence by six months.
    
14. Thus I impose a nine months imprisonment for each count from count 1 to count 6 and order that all the sentences should run concurrently.
    
15. Further I order that the suspended sentence of 12 months imprisonment imposed in Case No 199/09 should be activated and it should run consecutive to the sentences imposed in this case.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
14.05.2010