Police v Collins [2011] WSSC 158 (14 November 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

TASELE COLLINS male of Tufulele.
Defendant

Counsels: Ms R. Titi for prosecution
Defendant unrepresented

Sentence: 14 November 2011

SENTENCE

The defendant in this case appears for sentence on five charges of making counterfeit currency contrary to section 109 of the Crimes Ordinance 1961. An offence which carries a maximum penalty of 7 years in jail. He also faces sentence on one count of uttering counterfeit coin contrary to section 111 of the Crimes Ordinance 1961. An offence which carries a 6 month maximum penalty. As well as a charge of being in possession of an instrument for the purpose of making counterfeit currency contrary to section 109 of the Crimes Ordinance 1961, 7 years maximum. In addition to two charges of false pretence involving his using of the counterfeit currency that he created to obtain goods from Coin Save Samoa Limited. An offence which carries a 3 year maximum.

The police summary of facts which the defendant has admitted says that he is a 39 year old male of Tufulele, married with seven children, formerly employed at Samoa Snack Foods Limited and is a member of the Assembly of God Church. On the evening of Saturday 25 June this year he made five counterfeit $100 notes at his home in Tufulele employing a DeskJet 1050 photocopy machine and a printer that he had purchased specifically for the purpose.

The summary relates that on Thursday 30th of June he presented two of these counterfeit $100 notes and obtained goods from Coin Save Samoa Limited a shop at Fuaglei. He thereby falsely represented to the said Coin Save that the currency he used to purchase the goods was authentic. The summary goes on to state that on the same day the manager of Coin Save reported the defendant to the police and following this, the defendant was apprehended and taken to the Apia Police Station where he was cautioned and interviewed. Later that same day the police went to the defendants home at Tufulele where they seized the photocopier and printer machines that had been used to make these counterfeit notes.

Counterfeiting of currency is not a common offence in Samoa. I know of only one other case a few years ago where a defendant who did it was sent to prison for his activities. Unfortunately I cannot locate a record of those proceedings and neither is the case referred to in the prosecution sentencing memorandum. But the insidious nature of the offence is well summarized in the English case of Queen v Rhodes [1985] 17 ACR 166, 173 where the court said:

"The community must protect its currency. Forgery of bank notes is by no means a prevalent offence...but this state of affairs may not continue if the crime is not severely punished when it is committed. The need to deter others overshadows other considerations. The potential rewards for the counterfeiter are great and the potential damage to the community is even greater. Because if you put forged notes into circulation the confidence of the public in the currency of the country is at once destroyed."

It is because of that the court in Queen v Howard [1985] 82 CR App R 262 said that this type of offence is one which in nearly every case requires a custodial sentence. The reason for a custodial sentence is firstly to punish the wrongdoer but secondly and perhaps more importantly to indicate to others who are minded to engage in this sort of activity and to profit by them that it is simply not worth the risk. As was said in Howard "it simply is not worth the candle." A Pacific example of a counterfeit currency case can be found in the Supreme Court of Vanuatu decision in Public Prosecutor v Atananov [2010] VUSC 91 where a tourist who passed counterfeit American Dollars in Vanuatu was sentenced to 2 years in prison.

There is no question Tasele an imprisonment penalty is required for these reasons. As a deterrent not only to you for the future but to others who may be tempted in these difficult economic times to do what you did and engage in producing counterfeit money. Your petition to spare you jail because of a medical condition affecting your hands carries no weight with me Mr Collins because you had little trouble with your hands when making these counterfeit currency. Or when you attempted to pass it off as real money. I also note from your probation report that you have held manual employment in the past and the report says that at the time of this offence you were employed as a taxi driver. I am sure you did not drive with your feet.

I do however Tasele take into account the fact that this is your first offence. You have a clean police record and you have pleaded guilty to these charges and saved the courts valuable time and resources. I also note that only five one hundred tala notes were involved in your offending and only two of those were passed off by you as real money at the CoinSave shop. I also note that the goods that were purchased from CoinSave have been seized by the police and in due course should be returned to them. If that has not been done an order to effect this restitution is to be carried out immediately.

The maximum penalty for the offence of making counterfeit currency is 7 years in prison. However, taking into account what I have stated as being the factors in your favour and also noting that a deterrent penalty must be applied by the court for your case, the sentence will be as follows in respect of these charges: on the primary five charges of making counterfeit currency, you are convicted and sentenced to a period of three years in prison for each charge but all terms are to be served concurrently. In respect of the charge of uttering counterfeit coin you are convicted and sentenced to 3 months in prison. That term is also concurrent to your previous sentence. On the charge of possessing an instrument for the purpose of making counterfeit currency you are convicted and sentenced to 3 years in prison, that term too is concurrent with your other sentences.

On the two charges of false pretence committed when you used the counterfeit currency to effect purchases from Coinsave Limited, on each charge you will be convicted and sentenced to 2 years in prison, again those are concurrent with your other prison sentences.

............................
JUSTICE NELSON