Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

20 February 1998

Before: Sir Philip Bailhache Bailiff

And Jurats de Veulle and Le Brocq.

AG -v- Vincent Michael William Peter Kearns.

I count of:Importation of forged paper money, contrary to Article 11 of the Currency Offences (Jersey) Law, 1952: Count 1.

1 count of:possession of forged paper money, contrary to Article 8 of the Currency Offences (Jersey) Law, 1952: Count 2.

Age: 39

Plea: Guilty

Details of Offence:

Purchased 50 counterfeit £20 notes (£1,000 face value) for £150 at a car boot sale in Liverpool and imported forged notes into the Island.

Details of Mitigation:

Kearns stated that he was aware that it was an offence to use counterfeit notes but was not aware that it was an offence to have possession of counterfeit money. Maintained that he had never before dealt with or used counterfeit currency and had no intention of using the notes he had purchased other than to use them "to decorate around the toilet, make a collage behind perspex, hang it up or (make) an unusual present" Guilty plea. Treated as first offender. Not charged with uttering. Family man with two young daughters who has led industrious life.

Previous Convictions:

Two minor speeding not relevant.

Conclusions:

Count 1:1 year imprisonment.

Count2:1 year imprisonment concurrent.

Sentence and Observations of the Court:

Count 1:£2,500 or 6 months imprisonment in default of payment

Count2:£2,500 or 6 months imprisonment in default of payment

Default sentences, if necessary, to follow consecutively.

Offence merits sentence of imprisonment because possession of counterfeit money is a serious offence which has the capacity to undermine public confidence in the monetary system and to cause loss to innocent individuals. The Court accepted defendant’s (unusual) explanations as to what he intended to do with the counterfeit notes. Previous good character persuaded court "by a whisker" to impose non-custodial sentence.

Matthews Esq Crown Advocate

Advocate M H D Taylor for the accused

JUDGMENT

THE BAILIFF: The Court has found this a very difficult case. Kearns come and stand in front of your Counsel, please.

You deserve to be sent to prison because possession of counterfeit money is a serious offence which has the capacity to undermine public confidence in the monetary system and to cause loss to innocent individuals.

The Court has accepted, however, your explanation, unusual as it may be, as to what you intended to do with these notes and we accept therefore that you did not intend to pass them on. But what has tipped the balance, as far as we are concerned, is that you are a first offender and that for 39 years you appear to have led an industrious life supporting your family and being a good family man. That good character has persuaded us by a whisker that we ought to impose a non-custodial sentence upon you.

The Court is going to impose a financial penalty. On count 1, you will be fined the sum of £2,500 or in default 6 months imprisonment; and on count 2 you will be fined £2,500 or in default 6 months imprisonment consecutive; making a total of £5,000 in fines or in default 12 months’ imprisonment, and you will have one month in which to pay those fines. We order the destruction of the notes.

Authorities

R -v- Torrey (1983) 5Cr. App. R.(S) 326.

R -v- Howard (1985) 7Cr. App. (S) 320.

R -v- Page (1991) 13 Cr. App. R (S) 426.