State v Mani [2011] FJMC 124; Criminal Case 730.2009 (6 October 2011)

IN THE RESIDENT MAGISTRATE'S COURT OF SUVA

Criminal Case No: - 703/2009

STATE

V

NARENDRA MANI

For Prosecution : - Sgt. Luck
Accused : - In Person

SENTENCE

1. You NARENDRA MANI were charged and convicted by this court for three counts of forgery which is punishable under section 335(1) of the Penal Code Act, entails a punishment up to life imprisonment, three counts of Uttering Forged documents, which is punishable under section 343(1) of the Penal Code act, and three counts of " Obtaining Money by False Pretence" which is punishable under section 309 (a) of the Penal code Act 17, entailed a punishment up to five years of imprisonment.
   
2. The conviction was entered consequent upon your "plea of guilty' to all nine counts on 15th of April 2011. Havingsfied that you fully compreomprehended the legal effects and that your plea was voluntary and free from influence I convicted you for all nine counts for which you were charged.
   
3. Particulars of offences of the sixteen counts for which you stand for sentence before this court are; Charge
   

FIRST COUNT
Statement of offence

FORGERY; Contrary to Section 335(1) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 13th day of April, 2009 at Nabua in the Central Division with intent to fraud forged a valuable security namely a Westpac Bank cheque leaf number 000020 in the sum of $400.00 dated, 12/06/09 purporting to have been singed by RAJESH LAL s/o BABU LAL.

SECOND COUNT
Statement of offence

UTTERING FORGED DOCUMENTS; Contrary to Section 343(1) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 13th day of April, 2009 at Nabua in the Central Division knowingly and fraudulently utter a forged documents namely, a Westpac Bank cheque leaf number 000020 in the sum of $400.00 dated, 12/06/09 knowing the same to have been forged.

THIRD COUNT
Statement of offence

OBTAININIG MONEY BY FALSE PRETENCE; Contrary to Section 309(a) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 13th day of April, 2009 at Nabua in the Central Division obtained $400.00 cash from Superfoods Supermarket, by the virtue of a forged instrument namely, Westpac Bank cheque leaf number 000020 knowing the same to have been forged.

FOURTH COUNT
Statement of offence

FORGERY; Contrary to Section 335(1) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 18th day of April, 2009 at Nabua in the Central Division with intent to defraud forged a valuable security namely a Westpac Bank cheque leaf number 000030 in the sum of $475.00 dated, 18/04/09 purporting to have been singed by RAJESH LAL s/o BABU LAL.

FIFTH COUNT
Statement of offence

UTTERING FORGED DOCUMENTS; Contrary to Section 343(1) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 18th day of April, 2009 at Nabua in the Central Division knowing and fraudulently utter a forged document namely, a Westpac Bank cheque leaf number 000030 in the sum of $475.00 dated, 18/04/09 knowing the same to have been forged.

SIXTH COUNT
Statement of offence

OBTAININIG MONEY BY FALSE PRETENCE; Contrary to Section 309(a) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 18th day of April, 2009 at Nabua in the Central Division obtained $475.00 cash from Superfoods Supermarket, by the virtue of a forged instrument namely, Westpac Bank cheque leaf number 000030 knowing the same to have been forged.

SEVENTH COUNT
Statement of offence

FORGERY; Contrary to Section 335(1) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 18th day of April, 2009 at Nabua in the Central Division with intent to defraud forged a valuable security namely a Westpac Bank cheque leaf number 000034 in the sum of $600.00 dated, 18/04/09 purporting to have been singed by RAJESH LAL s/o BABU LAL.

EIGHT COUNT
Statement of offence

UTTERING FORGED DOCUMENTS; Contrary to Section 343(1) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 18th day of April, 2009 at Nabua in the Central Division knowing and fraudulently utter a forged document namely, a Westpac Bank cheque leaf number 000034 in the sum of $600.00 dated, 18/04/09 knowing the same to have been forged.

NINETH COUNT
Statement of offence

OBTAININIG MONEY BY FALSE PRETENCE; Contrary to Section 309(a) of the Penal Code Cap 17

Particulars of Offence

NARENDRA MANI s/o, SUBARMANI on the 18th day of April, 2009 at Nabua in the Central Division obtained $600.00 cash from Superfoods Supermarket, Nabua by the virtue of a forged instrument namely, Westpac Bank cheque leaf number 000034 knowing the same to have been forged.

4. Summary of facts, as admitted by you before the court, revealed that you have committed these nine counts on three separate occasions on 12th, 13th and 18th of April 2009. You opened a factitious account at Westpac bank, MHCC,Thompson Street Suva on 27th of March 2009 under the name of Rajesh Lal by using his birth certificate. You obtained his date of birth and his father's name with a promise that you would arrange Mr. Lal's driving license and his birth certificate. Upon opening this factitious account at Westpac Bank you forged the signature of Mr. Lal on three bank cheque leaf numbers of 9802151424, 000030, and 000034 for the sum of $ 400, $ 475, and $ 600 respectively on those cheque on 12th, 18th of April 2009. Having done such, you asked one of your staff namely Zareen Shabnam Ali to produce those cheque to the SuperFood Supermarket and cashed them.
   
5. These offences are involved with well calculated and pre- meditated deception and dishonesty by the accused person. You planed these crimes in most scandalous manner by using the trust of several persons including your own staff members and implemented it without any remorse. These kinds of crimes certainly undermine the mutual trustworthiness in the relationship between the customer and the banker in bank transaction in the commercial sector which is one of significant pillars of the economy of the country.
   
6. Having considered the summery of fact and the aggravating circumstances in this case, I now turn to the purposes of sentencing you in this case. I emphasized that the main purposes of sentencing you in this case is to punish offenders to an extend and in a manner which is just in all the circumstance, to protect the community from offender in this nature, to deter offenders from committing offences of similar nature, and to signify that the court and the community denounce the commission of offences in this nature.
   
7. I now direct myself to consider appropriate sentence on you upon considering the general principle of sentencing under Section 15 (3) of the Sentencing and Penalties Decree and objective of sentencing under section 4 (1) and 4 (2) of the Sentencing and Penalties Decree. Further I act in pursuant of section 17 of the sentencing and penalties decree as these offences founded on same facts and / or form s series of offences of the same or similar characters.
   
8. It was held that the tariff for the offence obtaining money by false pretence is 18 months to 5 years (State v Sinha - Sentence [2010] FJHC 589; HAC15.2009L (10 December 2010). It was held in Vinod Prasad v State (2008, HAA 012/08S Ruling 18 April 2008) that 2 years imprisonment term was within the tariff.
   
9. The tariff for breach of trust sentences ranges from 18 months to 3 ½ years imprisonment. ( State v Bole, High Court of Fiji Criminal Case No. HAC 38 of 2005S (4 October 2005).
   
10. In view of above judicial precedents and provisions of the Sentencing and Penalties Decree and careful perusal of the summery of facts I select 2 years as starting point for the sentencing you for these offences.
    
11. I now draw my attention to address the mitigating factors in your favors.
    
    1. You are 47 years of age, married with three teenage children,
       
    2. Your early plea of guilt,
       
    3. Sole breadwinner of the family,
       
    4. Remorseful and seek forgiveness,
       
    5. Promise not to re offend,
       
    6. Seeking concurrent sentence with the present prison term,
       
12. In view of aforementioned aggravating factors I increase 3 years, to reach the period of 5 years. In considering your early guilty plea and other mitigating factors, I reduce 2 and six months to reach the period of two years and six month (30 months). According to section 26 (2) (b) of the Sentencing and Penalties Decree sentence which is above two years could not be suspended by this court.
    
13. In pursuant of section 49 (1) (c) of the Sentencing and Penalties Decree, I order you to pay sum of $ 1475 to Westpac bank. In defaulted of the said payment, the complainants may enforce this restitution order in accordance to section 50 (1) of the Sentencing and Penalties Decree.
    
14. Accordingly, I sentence you 30 months imprisonment period for the three counts of forgery contrary to section 335 (1) of the Penal Code act 17, three counts of uttering forged document contrary to section 343(1) of the Penal Code Act 17 and three counts of Obtaining money by false pretence contrary to section 309 (1) of the Penal code Act 17 to be served concurrent with the current prison term. Further, you are not eligible for parole for a period of 24 months in pursuant of section 18 (1) of the sentencing and penalties and suspended it for the period of three years
    
15. Registry ordered to serve a copy of this sentence to the Westpac Bank Ltd.
    
16. 28 days to appeal.
    

On this 6th day of October 2011.

R.D.R.Thushara Rajasinghe
Resident Magistrate, Suva.

Cc:- The Accused,
The Prosecution,
To Westpac Bank Ltd,