The Queen v. To Keng Fai and Another
Read the full judgment text of CACC 35/1984 on BabelCite. This Court of Appeal judgment.
1. The Applicants apply for leave to appeal against their sentences. This is a case of forgery involving some 12,214 forged $100 U.S. banknotes. The printing shop, of which the 2nd Applicant was the proprietor, was found to be in the process of printing banknotes. The premises had been under observation by the police for some time and when the police raided the premises, they found implements fit and intended for use in the forgery of U.S. banknotes. The equipment consisted of a light-table, a r
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CACC000035/1984 Forgery of Banknotes - Sentence - Differentials - Employer and Foki.
BETWEEN
Coram: Sir Denys Roberts, C.J., Yang and Barker, JJ.A. Date: 8th May, 1984. __________ JUDGMENT __________ Yang, J.A.: 1. The Applicants apply for leave to appeal against their sentences. This is a case of forgery involving some 12,214 forged $100 U.S. banknotes. The printing shop, of which the 2nd Applicant was the proprietor, was found to be in the process of printing banknotes. The premises had been under observation by the police for some time and when the police raided the premises, they found implements fit and intended for use in the forgery of U.S. banknotes. The equipment consisted of a light-table, a rubber blanket, one off-set printing machine, one vacuum frame and one paper cutting machine. It is clear that it was no small operation and that it was an operation which requires some planning and skill. 2. The 1st Applicant was only an employee at the printing shop and was asked by the 2nd Applicant, the proprietor, to do the printing for him and also for some other people who originally invited the 2nd Applicant to join in the scheme. The rewards promised were large. The 1st Applicant was promised $40,000 and the total profit which the other culprits were expecting to gain was something like $700,000. 3. We agree with the Judge when he said that this is a serious offence, which harms the country as well as those who are unfortunate enough to receive the forged banknotes which were intended to be uttered. 4. We feel that a four-year sentence on the proprietor perhaps is on the light side, though not light enough for us to interfere with it. We also agree with Counsel for the Applicants that a greater differential should have been shown between the 1st and 2nd Applicants, in that the 1st Applicant was only a foki. We therefore treat the application of the 1st Applicant as an appeal, allow the appeal and reduce the sentence of 3½ years to 2 years. 5. The application of the 2nd Applicant is dismissed. Representation: Mr. David Mackenzie-Ross (D.L.A.) for 1st and 2nd Applicants. Mr. I.S. Lloyd, Crown Counsel for Respondent. |