Regina v Chandrasekanan [1992] SBHC 72; HCSI-CRC 37 of 1992 (24 November 1992)

IN THE HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 37 of 1992

REGINA

V

CHANDRASEKANAN AND OTHERS

High Court of Solomon Islands
(Palmer J.)

Criminal .Case No. 37 of 1992

Hearing: 24 November 1992
Sentence: 24 November 1992

R.B. Talasasa for Prosecution
T. Kama for the Defendant

PALMER J: The accused has pleaded guilty. He has no previous convictions recorded in this country. None received from his home country and so I treat him for all purposes a first offender.

He is an expatriate, a foreigner and I make note of this.

In mitigation by learned counsel, Mr Kama on his behalf, the accused is not a well educated man but a man of sophisticated means. He had travelled the world over it seems and has contacts around the globe.

I take note of the home background of this accused, from Jaffna, Sri Lanka and the plight that people in his country faces. One can understand to a certain extent the wantok alliance and camaraderie of this accused with his country men when faced with their illegal schemes to achieve a desired end; which is access to and hopefully eventual residenship in Canada, but in so assisting his countrymen, this accused threw away his ‘commonsense’, his objectivity and conscience to plot with the other 2 co-accused to forge PNG passports so that they can get through to Canada.

I note this in the accused favour that he did it with all ‘good’ intentions to assist his wantoks or countrymen.

The scheme appears to be so simplistic that it was bound to fail right from the beginning. He must have been aware of it, but perhaps tried anyway and hoped where really there doesn’t appear to be any hope, that· they could get through.

It appears that there were other people involved in getting the PNG passports in the first instance.

A principle co-offender in Solomon Island has not been charged and this must be considered when weighing sentence to pass.

The accused has been in custody for 1 month or so. He has also been detained in Solomon Islands up until now. He has suffered the stigma of breaching the law of a foreign country and I accordingly take these into account.

The offence as has been pointed out is a misdemeanour and weighing all factors, I am satisfied a fine is appropriate.

Convicted and fined $1,000.00.

Pay by 4.00 p.m. indefault 6 months.

(A. R. Palmer)
Judge