Read the full judgment text of CACC 000076/1990 on BabelCite. This Court of Appeal judgment was delivered on 5 October 1990 before Silke, V.-P., Power & Macdougall, JJ.A..
Criminal law – sentencing – use of forged credit cards – possession of forged identity cards and forged credit cards – totality principle – appeal against sentence – whether totality of 5 years' imprisonment manifestly excessive – whether trial judge erred by reference to increase in maximum penalty for possession of forged identity cards which took effect after the offence – applicant with prior 1984 robbery conviction (7.5 years) – offences part of an organised scheme though lacking sophistication – use of forged cards frequent and increasing but detection uncommon – Court of Appeal refused leave to appeal and upheld the totality of 5 years' imprisonment – sentence breakdown: possession of forged identity cards 2 years; uttering forged identity card 3 years; uttering forged die (first credit card use) 2 years consecutive; uttering forged die (second attempt) 2 years; possession of nine forged credit cards 3 years – starting totality 6 years reduced to 5 years on totality – full credit for guilty plea.
Legal issues: Whether the totality of 5 years' imprisonment is manifestly excessive · Whether the trial judge erred by applying the increased maximum penalty for possession of forged identity cards to the first charge
Outcome: Application for leave to appeal against sentence refused; the totality of 5 years' imprisonment upheld
Cited by 1 case