Crimes of a financial nature like forgery and uttering forged documents wreak havoc on our banking and financial systems and have serious effects on our economy no matter how small the sums involved, Madam Justice Laurie-Ann Smith-Bovell stated today.
The High Court Judge added that such offences, lead to increased regulations in these sectors which adversely affect the ease of doing business
“Whether the amount is large or small, systems are affected and it impacts on all members of society as we go about our banking business as well as potential investors,” she cautioned.
Justice Smith-Bovell made the comments as she sentenced Michael Nicholas Peterson, from Bonnetts, Britton’s Hill, St Michael on two counts of forgery, two counts of uttering a forged bill of exchange and two counts of obtaining money on a forged instrument. The offences were committed in early 2017.
In November 2016 Peterson’s brother Ricardo was involved in a vehicle accident which resulted in injuries. He subsequently submitted benefit claims to the National Insurance Scheme (NIS). However, a memo from his employer reminding staff of their obligations to submit NIS cheques for the claims, jogged Ricardo’s memory that he had not been in receipt of any claims.
But the facts outlined by Crown Counsel Kevin Forde, revealed that the complainant was informed that the benefits had been processed and split into two. He was told that a cheque for $205.12 had been issued to him on March 2, 2017 and that another cheque was to be issued in the sum of $820.48 . He was also informed that that first cheque was cashed on March 15, 2017.
This worried the complainant as he had not been in receipt of any NIS cheques.
On April 13, 2017 he received a notice from NIS that the second cheque had been mailed. He never received it but was told it had been delivered.
He went to NIS to put in a stop payment but was informed that the cheque had already been cashed. After making a check of his bank statement, he reported the matter to police.
Investigations were carried out and Michael was arrested. He declined to give a written statement to police but in answering questions revealed that he had received both cheques. He admitted that he took his brother’s passport, went to the bank, signed and cashed the cheques; then used the money to buy food stuff and items for his daughters.
Taking into consideration the facts of the case Justice Smith-Bovell ruled that a custodial sentence was merited in the circumstances.
She stated that aggravating factors of the offences were the fact that the first-time offender operated from a position of trust, as he was the brother of the complainant and breached that trust on two occasions. She also described the act as deliberate and premeditated.
Mitigating, the judge said, in Michael’s favour was the fact that he had pleaded guilty, had no prior convictions and had expressed remorse.
She imposed a starting sentence of three years in prison. The judge then took into account the mitigating and aggravating factors and credited the convict with the one third discount for his guilty plea leaving him with one year, 121 days to serve at Dodds.
However, that time behind bars has been suspended for two years.
The judge said: “The court, while not downplaying the seriousness of the offence committed, also took into account that this offence seemed to have been committed out of a need to provide for your children and as a result of a feeling of desperation on your part.”
