Three charges of obtaining property by deception were laid against a man who represented himself as an importer of voter vehicles.
The defendant, Garth Anthony Brown, pleaded guilty in Summary Court last week to obtaining a total of CI$3,776 from someone who was looking for a pick-up truck.
According to facts outlined by Crown Counsel Andre Mon Desir, the money was to purchase a truck overseas, but Brown failed to deliver any vehicle or return the money.
Brown told the court he has since paid back $500. But, he indicated, he could not pay back the rest because he was having problems with his work permit, which his wife was getting sorted out.
After hearing further details of Brown’s circumstances, Magistrate Grace Donalds said she saw no alternative but a custodial sentence. He had no employment, no permission to work and it appeared unlikely he would be able to pay the money.
Brown said he would – he was just waiting to hear about his work permit.
The magistrate thought it would have been in his best interest to get the matter clarified before coming to court.
Mr. Mon Desir told the court that there had been attempts to deal with a matter in a conciliatory way. Brown had been given as much as four months to settle this. ‘To say the least, he was uncooperative. I do not know that he is now likely to be any more cooperative,’ he said.
The magistrate then imposed a sentence of nine months on each charge, but made them run concurrently. She also ordered Brown to pay compensation of $3,276 or serve six months in default.
The deception began in November 2004. Brown was introduced to the complainant in a bar in George Town. The complainant had asked a mutual acquaintance if he knew anyone who could help him get a vehicle.
Brown confirmed that he would be able to find something on the Internet. He subsequently advised the complainant that he had found the truck and said he needed $1,800.
The complainant said he would be able to give him only $1,600. Brown went to the man’s workplace to collect the money.
Later the man made a second payment of US$1,400.
Brown then called the man and told him the truck was on the island. He asked whether the complainant would clear it through Customs or if he should do it.
The complainant asked Brown to do it and was told it would take $1,000 to clear it. After advancing the money, the complainant was told he would have his vehicle for Christmas.
Later Brown told the man the truck did not make it on the boat, but should make the next boat. After the next boat, the truck still did not arrive and Brown said it should be on the next boat.
On the final occasion, Brown said the truck was in Jamaica and he would have to go there to clear it.
At this point, in March, the complainant went to the police.
Officers obtained authorisation to check transactions and a money transfer company confirmed that there did not appear to be any transactions from the defendant. Neither was there any record in the Customs import/export log.
Brown subsequently admitted receiving the money for the truck and not delivering it.
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