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State v Singh [2013] FJMC 350; Criminal Case 377.2013 (5 September 2013)

IN THE MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 377/13

State

V

Jagdishwar Singh

Prosecution : WPC Kerela
Accused : Present – In Person

Sentence

Introduction

Jagdishwar Singh, you are now being sentenced for Obtaining Financial Advantage By Deception, contrary to Section 318 of the Crimes Decree. You are charged with 41 counts of this offence. You pleaded guilty on your own free will to all the counts. You admitted the statement of facts. You have submitted written mitigation which this Court has considered.

The Maximum Penalty

The Maximum Penalty for Obtaining Financial Advantage By Deception, contrary to Section 318 of the Crimes Decree is 10 years imprisonment.

The Tariff

Previously under the Penal Code the maximum punishment for the offence of Obtaining Money by False Pretence was 5 years. Now the Crimes Decree 2009 has maximum punishment as 10 years imprisonment. In State v Atil Sharma Criminal Case No. HAC 122 of 2010L, Justice Madigan has set the tariff for obtaining Financial Advantage by Deception as between 2 years to 5 years.

Justice Madigan further stated and this Court notes: "...The tariff for obtaining a pecuniary advantage by deception should now be between 2 years and 5 years with 2 years being reserved for minor offences with little and spontaneous deception . The top end of the range will obviously be reserved for fraud of the most serious kind where a premeditated and well planned cynical operation is put in place."

Starting Point

For each of the counts, in view of the above-mentioned observations and the relevant provisions of the Sentencing and Penalties Decree. This Court takes 3 years as an appropriate starting point for the offence that you have committed.

Guilty Plea

For each count for your guilty plea this Court will give you 1 year discount. You have saved everyone's time with an early guilty plea. You are now to serve 2 years (24 months) imprisonment.

Mitigation

For your total mitigation this Court gives you a further 3 months discount.

Jagdishwar Singh your sentence for Obtaining Financial Advantage By Deception, contrary to Section 318 of the Crimes Decree is 21 months imprisonment for each count.

This Court has carefully considered the issue of suspending your sentence. In considering it this Court has noted the comments of Justice Shameem in State v Raymond Roberts ( HAA0053 of 2003S), where Shameem J held that " the principles that emerge from these cases are that a custodial sentence is inevitable where the accused pleaded not guilty and makes no attempt at genuine restitution. Where there is a plea of guilty, a custodial sentence may still be inevitable where there is a bad breach of trust, the money stolen is high in value and the accused shows no remorse or attempt at reparation".

Jagdishwar Singh having noted the law on suspended sentences this Court notes that you are not a young person and that you are not a 1st Offender. Full restitution has not been made either. It seems that you are looking for easy ways to make money which is by deceiving others. This Court will not suspend your sentence as you planned well and connived to obtain money from the complainants. The message must go out to the members of our community and people who think like you, that anyone who is deceitful and conniving and obtains financial advantage by deception will get no mercy from the Court and get immediate custodial sentence.

Jagdishwar Singh your sentence for Obtaining Financial Advantage By Deception, contrary to Section 318 of the Crimes Decree is 21 months imprisonment for each count and the sentence is to be served concurrent for each count and to any prison term you are serving.

Right of Appeal

You have 28 days to appeal to the High Court.

Chaitanya Lakshman
Resident Magistrate

5/09/2013