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State v Singh [2010] FJMC 80; Criminal Case 303 of 2010 (3 September 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 303/10

BETWEEN

THE STATE

AND

ARON AJAY SINGH

SENTENCE

1. You, Aron Ajay Singh are to be sentenced upon pleading guilty to one count of obtaining money by false pretence contrary to Section 309(a) of the Penal Code.
   
2. The maximum sentence for this offence is imprisonment for 5 years.
   
3. In this case I pick my starting point as 2 years and it is within the tariff as it was held in Vinod Prasad –v- State HAA 29/02S.
   
4. It was revealed that you and the complainants are cousins. You have met the complainant in June 2008 and told her that you were in a position to arrange New Zealand visa through some friends at New Zealand Embassy. You told her that it would cost 4000 dollars. In July 2008 the complainant sold her family car for 4000 dollars. You have gone to the complainant's house and collected the money. Since then she did not hear anything from you and you did nothing about visa.
   
5. You were on the run until your photo appeared in Crime Stoppers programme and were arrested by Nausori Police in May 2010. You stated in the interview that you will pay the full amount in court.
   
6. I have seen the following aggravating factors in this case;
   
   • (i) You have obtained a substantial amount of money from the complainant.
     
   • (ii) The complainant had arranged the money by selling her family car.
     
   • (iii) For two years you were evading the Police.
     
   • (iv) Although you promised to pay back the whole amount, you did not make a full restitution.
     
   • (v) These kinds of offences are prevalent in the society.
     
   • (vi) You breached the trust of your cousin.
     
7. For the aggravating circumstances in this case I enhance the sentence by one year.
   
8. In mitigation you said that the complainant is your cousin and you returned 1500 dollars to them. You said by the next date you will pay the rest. You said that you were running a travel agency and you lost everything.
   
9. You did not even appear on the next date and your surety came and requested that he may be released. You took time from 31st May to 23rd August to do the full restitution. Yet it appears that you have not fully restituted.
   
10. You are a first offender and pleaded guilty at the first instance saving the time of the court. For the mitigatory factors I reduce the sentence by two years.
    
11. The sentencing and Penalties Decree sets out the following purposes for which sentencing may be imposed by courts;
    
    1. to punish offenders to an extent and in a manner which is just in all circumstances
       
    2. to protect the community from offenders
       
    100. to deter offenders or other persons from committing offences of the same or similar nature
         
    4. to establish conditions so that rehabilitation of offenders may be promoted or facilitated
       
    5. to signify that the court and the community denounce the commission of such offences
       
12. I impose 12 months imprisonment on you. However taking in to account the facts of the case, your mitigation and specially the fact that you don't have previous convictions, I decide to suspend part of the sentence under Section 26(1) of the sentencing and Penalties Decree.
    
13. Accordingly I suspend 6 months out of the 12 months imprisonment, for two years. You should serve the balance sentence of 6 months imprisonment.
    
14. Further I order you to pay 2500 dollars as compensation to the complainant.
    

28 days to pay compensation / to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
03.09.2010