THE QUEEN v. MOHAMMAD IMRAN

Sentence : 15 months for possession and use of forged travellers cheques considered light.

-----------------

JUDGMENT

-----------------

Silke, V.-P.:

1. This is the judgment of the Court.

2. The applicant, Mohammad Imran, appeared for trial before Mr. M. Hill, sitting as a Deputy Judge of the District Court, on a charge sheet containing three charges. The first alleged an attempt to obtain property on forged documents: this took place on 15th March 1990 when he attempted to obtain from the Chequepoint Shop in Hong Kong currency to the value of US$1,000 by using two forged US$500 Bank of America travellers cheques; the second charge also took place on the same day for, upon his arrest, there was found in his possession two further forged US$500 travellers cheques.

3. When the applicant had attempted to obtain the currency as set out in the first charge, he has used for the purpose of identification and general verification, as is required when one changes travellers cheques, a forged Pakistan passport which was in the name of Mr. Mughni Shaikh Arif: hence the third charge.

4. The applicant had come from the Philippines carrying the forged travellers cheques with him. He had used the forged passport to enter Hong Kong and then, as we have indicated, to attempt to obtain currency for the forged travellers cheques. He pleaded guilty. His explanation for his action was that he was in financial difficulties in the Philippines. He was unemployed and his wife was six-months pregnant. He was doing this job on behalf of other persons and was to receive a 20% of the value of the cheques which would amount to some US$$400.

5. He had exchanged his own passport with Mr. Mughni in the Philippines because Mr. Mughni had been deported from Japan and could not re-enter that country on his own passport.

6. Today he has suggested to us that the sentences imposed, against which he seeks leave to appeal and which totalled 27 months, were too severe. Those sentences were broken up as to 15 months' imprisonment on each of the first two charges concurrent and 12 months' imprisonment consecutive for the forged passport charge.

7. In passing the sentences he did the trial judge took into consideration the plea of guilty which was the only real matter in mitigation which could be put forward on behalf of the applicant. As he said the applicant's financial difficulties in the Philippines did not excuse his coming here for the purpose of obtaining money by the using of forged travellers cheques.

8. We do not agree that these sentences were too severe. If anything they were on the light side. Travellers cheques are very little different from actual currency and sentences involving the possession of forged currency are considerably higher than the 15 months imposed here.

9. While no authorities directly on point have been referred to us, in R. v. Ngan Chi Yee & others, CA 137/84 (unreported), it was suggested by this Court that possession of forged bank notes might well attract, after trial, a sentence in the region of 6 years' imprisonment.

10. This application had no merit of any kind. It is refused. There will be loss of time, that is 3 months of the period between the filing of the Notice and today will not count towards sentence.