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Magistrates Court of Fiji |
IN THE MAGISTRATES COURT AT NASINU
Criminal Case No. 66/2010
DPP
-v-
RAVIN DUTT (1 Accused)
JITENDRA KAMAL PRASAD (2 Accused)
PRAVIN LAL (3 Accused)
ANIL KISHORE (4 Accused)
DHARMEND PRASAD (5 Accused)
Mr. Yogesh Prasad for the State (DPP)
Ms. N Raikaci for the 1st Accused
Other Accuseds appeared in person
Sentence
1] Five accuseds pleaded guilty to the charge of forgery and related offences. They were charged together in this case. Some of them jointly charged and the prosecution laid 63 counts against these accuseds. These charges are as follows;
CHARGE:
Statement of Offence [a]
Count 1
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006, at Suva in the Central Division, with intent to Defraud forged Order No. 82 purporting to be the Order
of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 2
UTTERING FORGED DOCUMENTS: Contrary to Section 345 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 82 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 3
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$290.00 by virtue of a forged order book No. 83 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 4
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006, at Suva in the Central Division, with intent to defraud forged order book No. 83 purporting to be
the Order of John Beater Enterprises Limited, fuel order books.
Statement of Offence [a]
Count 5
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 83 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document..
Statement of Offence [a]
Count 6
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$290.00 by virtue of a forged order book No. 86 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 7
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad on the 25th day of March 2006 at Suva in the Central Division, with intent to defraud, forged order book No. 84 purporting to be
the order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 8
UTTERING FORGED DOCUMENTS: Contrary to Section 345 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 84 purporting to be the order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 9
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$230.00 by virtue of a forged order book No. 84 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 10
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt, on the 25th day of March 2006, at Suva in the Central Division, with intent to Defraud, forged order book No. 85 purporting to be
the Order of John Beater Enterprises Limited, fuel order books.
Statement of Offence [a]
Count 11
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 85 purporting to be the order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 12
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$296.00 by virtue of a forged order book No. 85 purporting to be the order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 13
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad on the 25th day of March 2006 at Suva in the Central Division, with intent to defraud uttered an order book No. 86 purporting to
be the order of John Beater Enterprises Limited, fuel order books.
Statement of Offence [a]
Count 14
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 86 purporting to be the order of John Beater Enterprises Limited, knowing the same to be a false document
Statement of Offence [a]
Count 15
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$289.67 by virtue of a forged order book No. 86 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 16
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 25th day of March 2006 at Suva in the Central Division, with intent to defraud order book No. 87 purporting to be the Order
of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 17
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 87 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 18
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$323.07 by virtue of a forged order book No. 87 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 19
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 88 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 20
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 88 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 21
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$311.48 by virtue of a forged order book No. 88 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 22
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 89 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 23
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 89 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 24
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$297.00 by virtue of a forged order book No. 89 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 25
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 90 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 26
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 90 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 27
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$326.50 by virtue of a forged order book No. 90 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 28
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 91 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 29
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 91 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 30
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 91 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 31
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 92 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 32
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 92 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 33
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$319.00 by virtue of a forged order book No. 92 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 34
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 93 purporting to be the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 35
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and and PRAVIN LAL f/n Hira Lal, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 93 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 36
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and and PRAVIN LAL f/n Hira Lal on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 93 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 37
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 94 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 38
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 94 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document
Statement of Offence [a]
Count 39
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 94 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 40
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal on the 26th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 95 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 41
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal, on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 95 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 42
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal on the 26th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 95 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 43
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 96 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 44
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 96 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 45
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$324.08 by virtue of a forged order book No. 96 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 46
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 97 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 47
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 97 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 48
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 97 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 49
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 98 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 50
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 98 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 51
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 98 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 52
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 99 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 53
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 99 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 54
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$280.00 by virtue of a forged order book No. 99 purporting to be the Order of John Beater Enterprises Limited, knowing the same to
be forged.
Statement of Offence [a]
Count 55
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 100 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 56
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 100 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 57
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$307.21 by virtue of a forged order book No. 100 purporting to be the Order of John Beater Enterprises Limited, knowing the same
to be forged
Statement of Offence [a]
Count 58
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 101 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 59
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 101 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 60
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$287.50 by virtue of a forged order book No. 101 purporting to be the Order of John Beater Enterprises Limited, knowing the same
to be forged
Statement of Offence [a]
Count 61
FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD: Contrary to Section 341 (1) and 47 of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh and Dharmend Prasad f/n Gaya Prasad, on the 27th day of March 2006, at Suva in the Central Division, with intent to defraud, forged order book No. 102 purporting to be
the Order of John Beater Enterprises Limited fuel order books.
Statement of Offence [a]
Count 62
UTTERING FORGED DOCUMENTS: Contrary to Section 343 (1) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh and Dharmend Prasad f/n Gaya Prasad, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud uttered
an order book No. 102 purporting to be the Order of John Beater Enterprises Limited, knowing the same to be a false document.
Statement of Offence [a]
Count 63
OBTAINING MONEY ON FORGED DOCUMENT: Contrary to Section 345 (a) of the Penal Code, Cap. 17.
Particulars of Offence [b]
RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh Dharmend Prasad f/n Gaya Prasad,,, on the 27th day of March 2006 at the Carpenters Mobil Service Station, Naulu in the Central Division, with intent to defraud obtained
$293.48 by virtue of a forged order book No. 102 purporting to be the Order of John Beater Enterprises Limited, knowing the same
to be forged.
2] Summary of facts as follows; Ravin Dutt (Accused 1) s/o Sashi Dutt is a disgruntled former employee of John Beater Enterprises (hereinafter know as "JBE") who perpetrated a fraud on fuel service stations through the use of an order book he had caused to be made after John Beater Enterprises terminated his employment. Whilst employed with JBE he had been their driver but his employment with JBE terminated in January 2006 because he had stolen a bottle of wine. In his capacity as a driver, he would fill diesel for the company vehicle and he would pay for the fuel by using the company's order book. On 8th March 2006, following his termination from JBE, Mr. Dutt caused 5 fake order books to be made. He did this by taking the business card of Deepak Mudliar, JBE's Sales Representative, who had passed on this business card to Ravin Dutt when Mr. Dutt was still employed at JBE, to a printing shop opposite the Suva Market (name unknown) and causing the order books to be made. In fact, Ravin Dutt told the printing company the format he wanted the order books to have the Printing Company complied with his directives. (Mr. Dutt voluntarily surrendered the card he had used during his Interview under Caution – Q27-28).
Prior to the creation of the order books, the employees of the Printing Company asked Ravin Dutt if he worked at JBE and he told them that he did. The fuel order books are used by approved customers, who bring in their vehicles into service stations, have fuel pumped into their vehicles and have the amounts charged to their accounts. Ravin Dutt presented the fake fake orders to Jitendra Kamal Prasad (Accused 2). Jitendra Kamal Prasad would then enter in fuel amounts and charge those amounts to JBE. No vehicles would actually be fueled, and then Jitendra Kamal Prasad would remove money from cash he had received from persons who had legitimately fueled their vehicles and take a portion for himself and give a portion to Ravin Dutt. The amount they would share between themselves would equal the amounts they were falsely charging to the account of JBE.
3] Count 1: Forgery of other documents with intent to defraud: Contrary to Section 341 (1) and 47 of the Penal Code, Cap 17. Ravin Dutt confesses that on 8th March 2006, he caused 5 fake order books to be made. He confesses that he used a JBE business card and directed a printing shop to prepare order books to his specifications. He confesses that the order books were similar to but were not in fact JBE order books. He then confesses to obtaining money on the forged documents – intending to defraud.
4] Count 2 – 22: Obtaining Property on Forged Document: Contrary to Section 345 (a) of the Penal Code, Cap. 17. Ravin Dutt confesses that on 21 separate occasions, he presented an order from a fake order book he had caused to be made at Carpenter's Mobil Service Station – Naulu. He confesses that he did not fuel any vehicles thought the fake book orders. Instead, by virtue of agreements he had made with members of staff at Carpenter's Mobil Service Station – Naulu, he obtained cash to the total value of $2,819.00. Of the amount highlighted above Ravin Dutt said (Q/A: 183 of his Caution Interview) he spent $1,648.00 in the following manner:
(1) Gold Ring for his wife | - $69.00 |
(2) Gold ring for his grandmother | - $120.00 |
(3) Gold ring for his mother | - $120.00 |
(4) Standing Ran | - $89.00 |
(5) Calling Ran | - $160.00 |
(6) Nike Soccer Boots | - $89.00 |
(7) Nike Canvas for his brother | - $100.00 |
(8) Mosquito Net | - $ 50.00 |
(9) Dressers for his wife | - $ 48.00 |
(10) Adidas canvas | - $140.00 |
(11) Nokia Mobile | - $550.00 |
(12) Trousers | - $ 66.00 |
(13) Shirt | - $ 38.00 |
(14) Cap (23) | - $ 9.00 |
| TOTAL | $1648.00 |
5] The remaining amount Ravin Dutt said he spent for his own personal enjoyment (Q/A. 184 of his Caution Interview) as follows:
(1) Hired ET 536 (8 days) at $60.00 a day | $480.00 |
(2) Hired a taxi (2 days) to Nadi at $300.00 a trip | $600.00 |
(3) Nadi Hotel (2 nights) at $48.00 per night | $ 96.00 |
(4) Celebration for newborn baby (beer & food) | $800.00 |
(5) Hired a taxi (4 times) to Suva at $20.00 per trip | $ 80.00 |
(6) Restaurant bills | $100.00 |
| TOTAL | $2156.00 |
6] The Police seized the following items from Ravin Dutt's house, which he admits he bought from the proceeds of his crime (Q/A 191 of his Caution Interview):
(1) Babies Mosquito Net
(2) 1 Pair of Jeans
(3) 1 Akita Ran
(4) 3 x gold rings
(5) 1 white cap
(6) 1 pair of Nike soccer boots
(7) 1 Nokia Mobile Phone
(8) 1 ¾ pants
(9) 1 red dress
(10) 1 red round neck T-Shirt
(11) 1 cutting ran
7] The following items were surrendered to Police by Ravin Dutt during his interview under caution:
(1) 1 pair of Adidas canvas
(2) 1 9ct Gold Ring
(3) $15.00 cash
(4) The business card of Deepak Mudliar of JBE
8] Jitendra Kamal Prasad (Accused 2) was an employee of Carpenters Mobil Service Station. He was employed as a Bowser Attendant. He started work with Carpenters Mobil Service Station in that capacity since November 2005 and had been employed in that capacity throughout the period of the offending. Jitendra Kamal Prasad surrendered $900.00 cash to the Police (Q/A: 108 of his Caution Interview). The offending came to light when Jainend Prasad, Supervisor at Mobil Service Station, Naulu, made some enquiries with JBE regarding their order no. 97, 98 and 99. Mr. John Beater then called Jainend Prasad and asked for a copy of the order. Mr. Beater perused the orders and informed Mr. Jainend Prasad that while it was similar to order books used by his company, it was in fact not from his company's order book. Jainend Prasad then checked the orders and found 18 more orders from JBE. These orders, Jainend Prasad noted, had been accepted by 3 of his Bowser Attendants.
9] Jitendra Kamal Prasad (Accused 2): Order Nos. 82, 83, 84, 86, 87, 88, 89, 90, 91 and 92 Jitendra Kamal Prasad was therefore charged with 10 counts of Larceny by Servant Contrary to Section 274 (a) (1) of the Penal Code, Cap. 17 for transacting the above orders (Counts 23-33).
10] Pravin Lal (Accused 3): Order Nos. 93, 94 and 95. He admits receiving the order, and not filling the fuel on the order. He also admits to giving money to the driver and taking money in return. Pravin Lal was therefore charged with 3 counts of Larceny by Servant Contrary to Section 274 (a) (1) of the Penal Code, Cap. 17. for transacting the above orders. (Counts 34-37). Arveen: Order Nos. 97, 98 and 99. He denies any wrong doing. He says he had been at work with Dharmend. He says he was approached by an Indian man to give him money on the orders and Arveen says he refused to do so.
11] Anil Kishore (Accused 4): Order Nos. 96, 100, 101 and 102. Anil admitted receiving the stated order and states that another man named Dharmend would ask for money and he would give him the amount on the orders. At Q/A 48 of his Caution Interview Anil admitted that he was engaged in fraudulent activities. He had saved the money he received and the Police seized the same from him. Anil had under-valued the amounts he admitted to receiving from the fraud, and when the Police seized more than the specified amount Anil admitted to having lied about the actual amount he received from the fraud. Anil Kishore was charged with 4 counts of Larceny by Servant Contrary to Section 274 (a) (1) of the Penal Code, Cap. 17 for transacting the above orders. (Counts 38-39).
12] Dharmend Prasad (Accused 5): Order 102. Dharmend thought that Ravin Dutt was still working for JBE during the period of offending. He admits to transacting order no. 102 only. Dharmend Prasad was jointly charged with Anil Kishore with 1 Count of Larceny by Servant Contrary to Section 274 (a) (1) of the Penal Code, Cap. 17 for transacting the above order. (Count 39), According to the confession of Accused 2-5, they believed that the fuel orders were proper JBE orders. They did not realize however that they were stealing from their employer (Carpenters) and JBE.
13] Initially there were 39 charges. But State amended the charges and finally they laid 63 charges against the all five accuseds. They pleaded guilty to their respective charges which are leveled against them by the prosecution.
14] State filed sentencing submissions. They said that five accused pleaded guilty to the charge of forgery, uttering and obtaining money on forged documents on 6/4/2011. Total money defrauded by Accused 1, 2, 3, 4 and 5 was $6145.15 in cash. Total money recovered from the fraud in terms of cash was #1300.00. Total amount of property recovered from the defrauded money is $2948.234. Ravin Dutt was a disgruntled former employee of John Beater Enterprises. After his termination, he planned and printed local purchase order books, similar to that of John Beater Enterprises, since while being employed he was aware that John Beater Enterprises used purchase for refueling their fleet of vehicles. As such, Accused 1 colluded with employees of the Carpenters Mobil Service Station (Accused 2, 3, 4 and 5) and issued local purchase orders under John Beater Enterprises Limited by filling monetary amount and replacing it with cash on hand from Accused 2, 3, 4 and 5 on various occasions. Accused 2, 3, 4 and 5 would also share equally the money with Accused 1, on each time the fake local purchase order issued on behalf of John Beater Enterprises Limited. In this way, Accused 2, 3, 4 and 5 replaced the cash on hand by fake local purchase orders issued by Accused 1 on the pretext that it is from John Beater Enterprises Limited in order to balance their days cash takings. Eventually this well planned fraud was detected, Police investigated and all accused confessed in their caution interview and finally pleaded guilty to the charge on 6/4/2011.
15] Total Value of Money Defrauded by Accused 1 – Ravin Dutt, Accused 1 obtained $3642.11 in cash from the total cash defrauded from Carpenters Mobil Service Station. Total recovery from Accused 1 in terms of item brought from the cash defrauded was $1648.00. Total recovery from Accused 1 in terms of cash was $900.00 as such total money and items recovered from Accused 1 totaled to $2548.00. There was further cash recovery from Accused 2, 3, 4 and 5 totaling to $1300.00. In total $3848.00 was recovered and the amount still to be recovered is $2297.15 to date.
16] Total Values of Money defrauded by Accused 2 – Jiten Kamal Prasad, Accused 2 assisted Accused 1 in defrauding his employer Carpenters Mobil Station. Total money obtained by Accused 2 amounted to $1478.11.
17] Total Value of Money defrauded by Accused 3 – Anil Kishre Accused 3 assisted Accused 1 in defrauding his employer Carpenters Mobil Service Station. Total money obtained by Accused 3 was $606.13.
18] Total Value of Money defrauded by Accused 4 – Pravin Lal, Accused 4 assisted Accused 1 in defrauding his employer Carpenters Mobil Service Station. Total money obtained by Accused 4 was $420.00.
19] Total Value of Money defrauded by Accused 5 – Dharmend Prasad, Accused 5 assisted Accused 1 in defrauding his employer, Carpenters Mobil Service Station. Total money obtained by Accused 5 $146.74.
20] Mainly the accuseds are charged with following offences. I reproduce them for clarity.
"341. (1) Forgery of any document, which is not made felony under this or any other Act for the time being in force, if committed with intent to defraud, is a misdemeanor."
* Uttering forged documents Contrary to Section 343 (1) of the Penal Code, Cap. 17
"343. (1) Any who knowingly and fraudulently utters any forged document, seal or die is guilty of any offence of the like degree (whether felony or misdemeanor) and is liable to the same punishment as if he himself had forged the document, seal or die."
* Obtaining money on forged document Contrary to Section 345 of the Penal Code, Cap. 17.
" 345. Any person who, with intent to defraud, demands, receives, or obtains, or causes or procures to be delivered, paid or transferred to any person, or endeavours to receive or obtain or to cause or procure to be delivered, paid or transferred to any person any money, security for money or other property, real or personal-
(a) under, upon, or by virtue of any forged instrument whatsoever, knowing the same to be forged; or
(b) under, upon, or by virtue of any probate or letters of administration, knowing the will, testament, codicil, or testamentary writing on which such probate or letters of administration have been obtained to have been forged, or knowing such probate or letters of administration to have been obtained by any false oath, affirmation or affidavit,
is guilty of a felony. and is liable to imprisonment for fourteen years."
21] The 1st accused filed written mitigation. In that he has mentioned that he is 30 years old, Married, With 1 daughter & wife expecting their 2nd child, Wife not working, Daughter is 5 years old and in kindergarten, Sole breadwinner in the family & supports his parents, He was a truck driver with the Complainant Company before his termination with income of $130.00 a week. He has studied up to Form 3 level. He said that he has co-operated with Police and confessed to the stealing from the outset (during investigation). During investigation, Police seized various items whilst he surrendered some, as listed in the Summary of Facts by the Prosecution. This is the second time round case came before the Court. Accused was initially discharged as Prosecution was not ready. Charges again laid early last year and due to defects in the charge, the amended charge was not laid until 9/8/2010. This time round he sought legal advice, he accepted he was in the wrong. It should be noted by his prompt guilty plea, he saves the Court's time. Save witnesses from coming to testify in Court; Saves Police from rounding up witnesses and serving them with subpoenas. And less expenses to State coffers (no witness allowance payable, etc).
22] The first accused further said he is a 1st Offender and well behaved, or a law abiding citizen all his life till the commission of this offence. The first accused admits that the seriousness of the offences that he committed. He said that he was in financial problem, his younger brother was sickly and he needed money for doctor's fees. He found the opportunity on the temptation of his friends browser attendants, the other 4 accused persons, who shared the money between themselves. As disclosed in the facts by the Prosecution, his share was only $2,819.00 whilst the other 4 accused persons shared the balance of the money. He accepted full responsibility of his wrongdoing and promises he will never appear in any Court again. His family had encountered shame and suffering from his wrongdoing. The first accused showed Remorse .He managed to find work now as a casual carpenter with an income of $100 - $140 per week. He therefore sought forgiveness and leniency and asked non custodial sentence.
23] The other all 4 accuseds tendered mitigation orally. Those are as follows;
JITENDRA KAMAL PRASAD (2 Accused): 30 years old, married with one child, Security Officer and earn $90 per week. He is the sole bread winner of the family. He is also renting. He asks court's leniency and forgiveness.
PRAVIN LAL (3 Accused): 38 years old, married with 3 children, casual worker from Kinoya. He earns $ 100 per week. He is the sole bread winner of the family. He is serving to the church and promise that he will not re offend.
ANIL KISHORE (4 Accused): 36 years old, married with a one child and casual laborer at FMF. He earns $100 per week. He is the sole bread winner of the family. His mother is also disable and he also supports his mother. Very remorseful and said that he will not re offend. He sought court's leniency and forgiveness.
DHARMEND PRASAD (5 Accused): 32 years old and married with 3 children. He is a carpenter and earns $110 per week. He is renting and very remorseful. He said that he will not re offend. He asked court's leniency and forgiveness.
24] With all above facts, I now turn to consider sentencing principles and guideline judgments. In Considering Sentencing Guideline Section 4 (2) of the Sentencing & Penalties Decree 2009 provides relevant factors that the Court must consider in sentencing and accused person. In the instant case, I draw the attention particularly to the following provisions:
(a) "................
(b) Current sentencing practice and the terms of any applicable guideline judgment;
(c) ..................
(d) The offender's culpability and degree of responsibility for the offence;
(e) The impact of the offence on any victim of the offence and the injury, loss or damage arising from the offence;
(f) Whether the offender pleaded guilty to the offence, and if so, the stage in the proceedings at which the offender did so or indicated an intention to do so;
(g) The conduct of the offender during the trial as an indication of remorse or the lack of remorse;
(h) ...........................
(i) The offender's previous character;
(j) ............................
(k) .............................
25] The gist of this Section is that, the Court is not only conferred with discretion to dispense punishment to those that offend against the law, but also to dispense mercy and a second chance on the offenders. This principle is well established by following cases.
26] In Prasad v The State [1994] FJHC 132; Haa0032j.94s (30 September19994) S W Kepa J enunciated that the fact that Appellants are first offs ought to beto be a very strong mitigating factor in their favour. A prison sentence ought to be the last resort after the court has explored and exhausted all other alternative sentence. (Emze is mine)
27] In Prasad v State [1te [1994] FJCA 19; Aau0023u.93s (24 May 1994), Fiji Court of Appeal held that ".... Courts ought to bend backwards to avoid immediate custodial sentence for first offenders." 28] It has been noted in Prasad v The State [1994] FJHC 132 (Supra) that criminologists recognise t prison sentence should be the last resort especially where a fiffender is c;is conc concerned u thss the
charge is very serious or the offender is dangerous and imprisonment is called for in the public interest or in the interest of the
offender himsb>. (size is mine).
29] Singh v The StateState [2000] FJHC 115; Haa0079j.2000s (26 October 2000) Shameem J went on saying; "However as a general rule, leniency is shown to first offenders, young offenders, and offenders who plead guilty and express remorse.
I believe that in this case, every effort should have been made to keep four of the Appellants out of prison. They were first offenders,
they were only 18 years old, and they pleaded guilty on being brought to court. Although the 1st Appellant was not 18 years old,
he was a first offender and this offence was clearly an aberration during what appears to be an otherwise blameless life." 30] Nariva v The State [2006] FJHC 6; HAA0148J.2005S (9 February 2006) Shammem J again stressed; "The courts must always make every effort to keep young first offenders out of prison. Prisons do not always rehabilitate the young
offender. Non-custodial measures should be carefully explored first to assess whether the offender would acquire accountability and
a sense of responsibility from such measures in preference to imprisonment." 31] In State v Mocevakaca [1990] 87; [1990] 36 FLR 19LR 19 (14 February 1990) Fatiaki J (As he then was) dealt with similar type of situation. His Lordship streon seing in young offenders.
His Lordship added; "This court has said before and I say it again that our prisons are already too full of young Fijian men and the courts have a duty
to try and reverse that trend wherever it is possible and just. In other words, every effort must be made to keep young first offenders out of prison even I might add at the risk of being lenient. Needless to say, in the case of young first offenders there can rarely ever be any conflict between the general public interest and
that of the offender. If I may say so society has no greater interest than that its young people should became useful law-abiding citizens and the difficult
task of the Courts is to determine what punishment or treatment gives the best chance of achieving that end. The realisation of that objective is the primary and by far the most important consideration in sentencing young first offenders." (Emphasize is mine). 32] The main offences in this case that are; Forgery Contrary to Section 341 (1) of the Penal Code, Cap. 17, Uttering forged documents Contrary to Section 343 (1) of the Penal Code, Cap. 17, obtaining money on forged document Contrary to Section 345 of the Penal Code, Cap. 17 related and mingled with each other and to the other offences. When considering the tariffs, there are various sentences
and tariifs can be found. 33] In State V Rajesh Kumar [2005] HAC 5/05S, 07th October 2005 His Lordship Justice Gates (as he then was) imposed 2 years sentence suspended for two years under section 343(1)
on 10 counts each of forgery of employer's signature on cheques ( Sections 335(1), uttering(section 343(1) and obtaining money on
a forged document and ( section 345(a) and 5 counts of larceny by servant( section 274(a)(i) committed by financial controller over
15 months considering early plea of guilty, genuine remorse and reparation and full satisfaction of F$142,007.55 wired out of Fiji
to various accounts in India. 34] Aggravating Factors The aggravating factors in this case are; 1. The level of planning, especially by Accused 1 2. Joint enterprise; colluding with Accused 2, 3, 4 and 5. 35] Mitigating Factors 36] Considering the value of subject misappropriation and recovered money, I select 1 year imprisonment for each count and for each
accused. For the aggravating factors, I increase by 1 year. Now sentence is 2 years for each count and each accused. For mitigating
factor, I reduced 6 months. Now actual Sentence is 18 months for each count for each accused. 37] Considering their propensity to do crimes and specially the all accused are first offenders, I suspend these sentences for 3 years
in pursuant to 26(1) of the Sentencing and penalties decree 2009. If any accused convicted for another offence during operational period these sentence will be activated and to be run concurrently.
38] For the unrecovered money that was defrauded totaling to $2297.15 to be paid by the first Accused as a restitution order pursuant to Section 49 (c) of the sentencing and penalties decree 2009 within one year. If Accused 1 failed to pay within that specified time frame (one year), he will be committed to Prison for 229 days. 39] Summary of the sentences is as follows; 40] 28 days to appeal On 23rd January 2012 at Nasinu, Fiji Islands Sumudu Premachandra [Mr]
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Count No: Accused's Name Charge Sentence Count 1 RAVIN DUTT and JITEN KAMAL PRASAD FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 2 RAVIN DUTT and JITEN KAMAL PRASAD UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 3 RAVIN DUTT and JITEN KAMAL PRASAD OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 4 RAVIN DUTT and JITEN KAMAL PRASAD FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 5 RAVIN DUTT and JITEN KAMAL PRASAD UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 6 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 7 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Pras FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 8 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 9 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 10 RAVIN DUTT f/n Shashi Dutt FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 11 RAVIN DUTT f/n Shashi Dutt UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 12 RAVIN DUTT f/n Shashi Dutt OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 13 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 14 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 15 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 16 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 17 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 18 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 19 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 20 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 21 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 22 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 23 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCU MENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 24 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 25 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 26 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 27 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 28 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 29 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 30 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 31 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 32 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 33 RAVIN DUTT f/n Shashi Dutt and JITEN KAMAL PRASAD f/n Santa Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 34 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 35 RAVIN DUTT f/n Shashi Dutt and and PRAVIN LAL f/n Hira Lal UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 36 RAVIN DUTT f/n Shashi Dutt and and PRAVIN LAL f/n Hira Lal OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 37 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira La FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 38 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 39 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 40 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 41 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 42 RAVIN DUTT f/n Shashi Dutt and PRAVIN LAL f/n Hira Lal OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 43 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 44 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 45 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 46 RAVIN DUTT f/n Shashi Dutt FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 47 RAVIN DUTT f/n Shashi Dutt UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 48 RAVIN DUTT f/n Shashi Dutt OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 49 RAVIN DUTT f/n Shashi Dutt FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 50 RAVIN DUTT f/n Shashi Dutt UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 51 RAVIN DUTT f/n Shashi Dutt OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 52 RAVIN DUTT f/n Shashi Dutt FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 53 RAVIN DUTT f/n Shashi Dutt UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 54 RAVIN DUTT f/n Shashi Dutt OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 55 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 56 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 57 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 58 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 59 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 60 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused. Count 61 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh and Dharmend Prasad f/n Gaya Prasad FORGERY OF OTHER DOCUMENT WITH INTENT TO DEFRAUD 18 months imprisonment, it is suspended for 3 years for both accused. Count 62 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh and Dharmend Prasad f/n Gaya Prasad UTTERING FORGED DOCUMENTS 18 months imprisonment, it is suspended for 3 years for both accused. Count 63 RAVIN DUTT f/n Shashi Dutt and ANIL KISHORE f/n Uday Bhan Singh Dharmend Prasad f/n Gaya Prasad OBTAINING MONEY ON FORGED DOCUMENT 18 months imprisonment, it is suspended for 3 years for both accused.
Resident Magistrate
URL: http://www.paclii.org/fj/cases/FJMC/2012/3.html