A young man who pleaded guilty to uttering a false document in a scam using Foster’s Food Fair Punch and Play Cards last year was sentenced in Summary Court on Thursday, 15 September.
The 21-year-old’s name is not published because no conviction was recorded.
The defendant’s charges stemmed from an incident that took place on 25 August, 2010, when he uttered a false punch and play card representing CI$500. According to the prosecution, he was acting in concert with several people to present cards that were tampered with; and was paid for his cooperation.
The defendant also had offences of ganja possession and consumption.
Defence attorney Graham Hampson told Magistrate Nova Hall his client’s drug charges stemmed from him going to the police station to caution them about the scam. However, upon arriving at the station, the bag he was carrying was searched and found to contain cannabis.
In relation to the punch and play scam, Mr. Hampson told the court his client was not the prime mover or mastermind in the scam; he pointed out there are ongoing matters in the courts in relation to the matter.
He said could not say too much as a result, but indicated his client had been targeted to be an instrument of redemption, due to the fact he was “inebriated” when he went to the store to buy drink mixes.
“He filled out the wrong name and when the card was scratched he gave his real name. Not the tactics of a mastermind criminal by any means,” Mr. Hampson said.
He outlined that a speedy admission and prompt reimbursement of the $500 were offered up by the defendant and pointed out the matter of uttering could have actually been contested by his client, “…… but in the interest of his future this course was taken.”
“He has been put on a stringent regime, parallel to that of the drug court and has done well. Additionally, he enrolled in a college overseas and his hope is to fly there immediately,” urged the attorney, who said there was regret and remorse on the part of his client.
Supplement to his comments, Mr. Hampson read out letters from his client’s mother and other family members who said after a car accident in 2010, there was a marked difference in the adolescent after the loss of his licence. However, the attorney said he was happy to report the defendant has completed a stringent drug programme, achieved an associate degree and was on a better path. He begged the court to adhere to a commitment to “save people and not drive them into a life that is unproductive.
“He did not keep a penny though, he paid the amount back to the store on 12 October last year.”
As a result of what he called mitigating factors, the attorney asked the court to withhold the conviction against his client.
In sentencing, Magistrate Nova Hall said she frequently deals with the request to withhold convictions to not ruin lives and, “but people have to deal with the consequences of their actions. No conviction is not an order than can be made if there is no work done by the individual. However, in this instance I have noted great strides in the defendant in relation to his rehabilitation and attitude, as it relates to restitution and so forth.”
The magistrate then ordered that on the one count of uttering a false document and the consumption and possession of ganja charges, no convictions be recorded on the condition that no further offences occur for the next two years. She also ordered that the cannabis be destroyed and the defendant pay $200 or 20 days in prison.
“The man was one of seven people facing related charges to have his matters dealt with. The other defendants are on bail, with their matters to be mentioned again on 4 October.
The seven came to court for the first time in March and have returned several times since. Little progress could be made, however, because of the difficulty of finding attorneys so that there would not be any conflict of interests.”
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