Jersey Unreported Judgments

[2004]JRC160

ROYAL COURT

(Samedi Division)

 

10^th September 2004

 

 

The Attorney General

-v-

Symon Bellott;

Michael Moromfolu Fadojutimi;

Afet Mehmet;

Rebecca Katie Bhardwaj

 

 

1 count of:

conspiracy to obtain money by false pretences (count 1)

 

Age:     S. Bellott: 42

M.M. Fadojutimi: 32

A. Mehmet: 19

R.K. Bhardwaj: 20

 

 

Plea:    Guilty.

 

Details of Offence:

Accused visited Jersey with forged giro cheques backed by lost/stolen credit cards for bogus identification.  The plan was to cash them at different sub-post offices around the Island.  Total value £5,000 - odd.  The accuseds' individual accounts of the background differed widely but each gave an account of his or her involvement which was consistent with the known facts.  There was no evidence beyond the admissions of the accused, having been arrested in possession of the fraudulent instruments on their arrival at customs.

 

Details of Mitigation:

S. Bellott: guilty plea; co-operation; family circumstances;

M.M. Fadojutimi: guilty plea; co-operation; family circumstances;

A. Mehmet: guilty plea; co-operation; youth; good character; family circumstances;

R.K. Bhardwaj: guilty plea; co-operation; youth; family circumstances.

 

Previous Convictions:

S. Bellott: minor and historic;

M.M. Fadojutimi: minor and historic;

A. Mehmet: none;

R.K. Bhardwaj: one minor previous offence.

 

Conclusions:

S. Bellott: 12 months' imprisonment;

M.M. Fadojutimi: 12 months' imprisonment;

A. Mehmet: Probation;

R.K. Bhardwaj: Probation.

 

Sentence and Observations of Court:

There were inconsistencies and uncertainties about the background.  There was, however, a basis of plea in each case and a need to do justice as between the four accused.  Probation in each case, with the Order to be administered in London, the home jurisdiction of each accused.

 

 

 

C.E. Whelan, Esq., Crown Advocate;

Advocate J. Grace for S. Bellott;

Advocate M. Harris for M.M. Fadojutimi;

Advocate O. Blakeley for A. Mehmet;

Advocate J. Bell for R.K. Bhardwaj.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

1.        We are very grateful to Crown Advocate Whelan for the way he has presented this complex story, but I have to say that these stories, accepted by the Crown, are riddled with inconsistencies.  Our problem is that we have to do justice between all four accused.  Let me say at once that is a most serious offence and the very fact that it is the first of its kind to be discovered by the authorities in Jersey has led me to ask Mr Whelan to write, as he has agreed to do, to the Financial Services authority.

2.        Now, three of you have spent 4 months' in custody on remand.  This is the first time you have been in a prison and, no doubt, it has made you aware of the seriousness of the offence.  But we have to do justice between the four of you and we find it very difficult to separate you in accordance with your degrees of involvement.

3.        In these particular circumstances you are all going to serve 12 months' probation, on the conditions to be set out by the Probation Service and which, of course, will be overviewed by your local Probation Office.  I have to tell you that if you breach your Probation Order during that 12 months, you will be brought back and you will go to prison.

4.        As recommended, particular conditions will be imposed on Miss Mehmet, and we would suggest that Bellott is given assistance by a bereavement counsellor when he gets to London.  You will all now see your Probation Officer and may leave the Court.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): paras 413-24.