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Cite as: [2004] JRC 146

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[2004]JRC146

ROYAL COURT

(Samedi Division)

27^th August 2004

Before:

Sir Philip Bailhache, Bailiff and Jurats de Veulle, and Tibbo.

The Attorney General

-v-

William Thomas Whiteman

6 counts of:	Uttering forged paper money, contrary to Currency Offences (Jersey) Law 1952: Article 7 (Counts 1, 2, 3, 4, 5, and 6).
1 count of:	Possession of forged paper money, contract to Currency Offences (Jersey) Law 1952: Article 8 (Count 7).

Age: 62.

Plea: Guilty.

Details of Offence:

Having purchased photocopied £20 notes from a friend Whiteman proffered them at various shops around the Island. Arrested in relation to uttering of two notes at one shop. After arrest fully confessed his involvement in the other 5 utterings effectively 'writing his own indictment'.

Details of Mitigation:

Aged 62. Completely clean record, exemplary references, excellent work record, sick wife requiring Defendant's permanent attendance, several tragic bereavements during his life. Defendant also 'wrote his own indictment' and gave evidence against his friend who had produced the notes.

Previous Convictions:

None.

Conclusions:

Count 1:	12 months' imprisonment..
Count 2:	12 months' imprisonment.
Count 3:	12 months' imprisonment.
Count 4:	12 months' imprisonment.
Count 5:	12 months' imprisonment.
Count 6:	12 months' imprisonment.
Count 7:	12 months' imprisonment, concurrent, suspended for 2 years.

Sentence and Observations of Court:

As a general rule currency offences carry an immediate custodial sentence. However due to the mitigation in the present case the Crown's conclusions would be granted.

R.G. Morris, Esq., Crown Advocate.

Advocate N. Benest for the Defendant.

JUDGMENT

THE BAILIFF:

1. Generally speaking the use of counterfeit money should be punished with an immediate sentence of imprisonment. Using counterfeit notes, as the Crown Advocate has said, has the capacity to undermine public confidence in the monetary system. People who use such money should expect to go to prison unless there are very strong or exceptional mitigating circumstances.

2. In this case the defendant is 62 and has led - apart from this offence - an unblemished and industrious life. His wife is suffering from a serious illness which would make it difficult for her to live on her own without the support of the defendant if he were sentenced to imprisonment.

3. Furthermore, the defendant was completely frank and co-operative with the police to the extent of giving evidence for the prosecution in the trial of the man who supplied the counterfeit notes. For all these reasons we are prepared to take the view that an immediate custodial sentence can be avoided in this case.

4. Whiteman, you have spoiled what has been up to now, a blameless life. That is a pity, and we do not understand, frankly, why it happened. We have to punish you for the reasons which we have given. The conclusions of the Crown Advocate are granted and you will be sentenced on each of the counts of the indictment to 12 months' imprisonment, but those sentences will be suspended for a period of 2 years which means that you will not go to prison unless you commit some other offence in the meantime.

Authorities

A.G. -v- Kearns (20^th February, 1998) Jersey Unreported; [1998/38].

Shah 9 Cr. App. R. (S).

Howard (1985) 7 Cr.App.R.(S).