Home | Databases | WorldLII | Search | Feedback Tonga Law Reports

R v Ali [2008] TOLawRp 50; [2008] Tonga LR 257 (26 September 2008)

IN THE SUPREME COURT OF TONGA
Supreme Court, Nuku'alofa

CR 226 and 227/2008

R

v

Ali anor

Ford CJ
26 September 2008

Sentencing – counterfeit offences – two accused – guilty pleas – one was first offender

The accused were Fijian Indian brothers from Lautoka on the western side of Fiji. They appeared for sentencing having pleaded guilty to charges relating to the making of counterfeit Tongan currency. The 45-year-old first accused was charged with one count of possession of counterfeiting materials and one count of making counterfeit currency, contrary to section 59(1)(a) and (b) respectively of the Criminal Offences Act (Cap 18). The 29-year-old second accused was charged with one count of making counterfeit currency and two counts of uttering counterfeit currency contrary to section 61 of the Criminal Offences Act. The making and possession charges carried a maximum sentence of 10 years imprisonment. The uttering charge carried a maximum sentence of five years imprisonment. The total amount of counterfeit currency involved was $600 but it was clear from the evidence that had the two accused not been detected, then further quantities of the false currency would have been produced.

Held:

1. The first accused, who was not a first offender, was sentenced to 18 months imprisonment on Count 1 and two years imprisonment on Count 2. The sentences were concurrent.

2. The second accused was sentenced to two years imprisonment on Count 1 and 18 months imprisonment on each of the remaining two counts. The sentences were concurrent making two years in total but the final six months of the sentence was suspended for two years from the date of his release.

Statute considered:

Criminal Offences Act (Cap 18)

Counsel for the Crown : Mr Lutui
Counsel for the accused : Mr Tu'utafaiva

Judgment

Sentencing Remarks

[1] You are brothers and you are both appearing for sentence this morning on charges relating to the making of counterfeit Tongan currency. Nasif Ali, you are facing one count of possession of counterfeiting materials and one count of making counterfeit currency contrary to section 59(1)(a) and (b) respectively of the Criminal Offences Act (Cap 18). Each offence carries a maximum sentence of 10 years imprisonment.

[2] Satye Raju, you are facing one count of making counterfeit currency which carries a maximum sentence of 10 years imprisonment and two counts of uttering counterfeit currency contrary to section 61 of the Criminal Offences Act each of which carries a maximum sentence of five years imprisonment. Uttering is the act of putting forged banknotes into circulation.

[3] According to the Summary of Facts, the total amount of counterfeit currency involved was $600. You produced two batches of the notes and it is clear from the evidence before me that had the alert owner of the market stall not become suspicious and noted the fake banknotes, you would have produced more of the false currency. It seems clear that one of the objects of producing the counterfeit currency was to enable Satye to purchase air tickets for his family to return to Fiji.

[4] Offences of this nature involving counterfeit notes of the Realm are always regarded by the courts very seriously. Except in the most exceptional cases (and this is not one of them) a custodial sentence is called for in all cases involving the production or passing over of forged banknotes.

[5] Your particular offending did not go on for very long and it did not result in a very large production of counterfeit notes but, as I have indicated, the only reason for this was because you had been caught fairly early in the piece. Nevertheless, as I have indicated, the offence is the type of crime which the Court must meet with a sentence of imprisonment in order to deter others from seeking to follow your example.

[6] Shopkeepers and other businesspeople find it difficult enough already running honest businesses without having the additional hassle of having to check in relation to each sale of goods whether banknotes are genuine or forgeries. Counterfeiting is recognised as a major problem in many Third World countries. We do not want to see it become a problem in the Kingdom. I have seen the counterfeit notes involved in this case. They look fairly genuine and the store proprietor did well to pick them as forgeries.

[7] You are Fijian Indians from Lautoka on the western side of Fiji. You have elderly parents and I'm sure that they will be greatly distressed by the shame that you have now brought to the family. Nasif, you are 45 years of age. You divorced your first wife in 1998 and married a Tongan lady in 2000. You have three children from your first marriage and five from your second. It is impossible not to feel very sorry for your wife and young family but you should have thought of them before carrying out these criminal acts.

[8] You first came to Tonga in 1998. In 1999 you were convicted, along with your youngest brother, of housebreaking and theft from Molisi's Store and you were deported back to Fiji. You have now succeeded in getting your other brother into trouble with the law.

[9] Satye, you are Nasif's 29-year-old brother and as a first offender you are entitled to credit for not having any previous convictions. You have three children aged between eight and three. It seems that you were having matrimonial problems at the time of the offending but that is no excuse for turning to crime.

[10] I accept that you are both remorseful and that you both pleaded guilty at the first opportunity. You are entitled to credit for your early guilty plea. The sentences I now impose are as follows:

NASIF -- You are not a first offender. Had it not been for your guilty plea the sentence I would have imposed would have been in the order of 3 – 3½ years imprisonment. On Count 1 (possession of counterfeiting materials) you are convicted and sentenced to 18 months imprisonment. On Count 2 (making counterfeit currency) you are convicted and sentenced to two years imprisonment. The sentences are concurrent making two years in total. Given your previous conviction, I do not consider that any suspension of sentence is appropriate.

SATYE -- Had it not been for your guilty plea, you would have been facing a sentence of approximately 3 years imprisonment. The sentence I impose is: Count 1 (making counterfeit currency) two years imprisonment and on each of the two counts of uttering counterfeit currency you are convicted and sentenced to 18 months imprisonment. The sentences are concurrent making two years in total. As you have no previous convictions, you cooperated with the authorities and pleaded guilty at the first opportunity I accept that yours is an appropriate case for a partial suspension of sentencing. The final six months of your sentence, therefore, is suspended for two years from the date of your release.