AG v Whiteman [2004] JRC 146 (27 July 2004)

JUDGMENT THE BAILIFF: 1. Generally speaking the use of counterfeit money should be punished with an immediate sentence of imprisonment. Using counterfeit notes, as the Crown Advocate has said, has the capacity to undermine public confidence in the monetary system. People who use such money should expect to go to prison unless there are very strong or exceptional mitigating circumstances.

2. In this case the defendant is 62 and has led - apart from this offence - an unblemished and industrious life. His wife is suffering from a serious illness which would make it difficult for her to live on her own without the support of the defendant if he were sentenced to imprisonment.

3. Furthermore, the defendant was completely frank and co-operative with the police to the extent of giving evidence for the prosecution in the trial of the man who supplied the counterfeit notes. For all these reasons we are prepared to take the view that an immediate custodial sentence can be avoided in this case.

4. Whiteman, you have spoiled what has been up to now, a blameless life. That is a pity, and we do not understand, frankly, why it happened. We have to punish you for the reasons which we have given. The conclusions of the Crown Advocate are granted and you will be sentenced on each of the counts of the indictment to 12 months' imprisonment, but those sentences will be suspended for a period of 2 years which means that you will not go to prison unless you commit some other offence in the meantime. Authorities A. G. -v- Kearns (20 th February, 1998) Jersey Unreported; [1998/38]. Shah 9 Cr. App. R. (S). Howard (1985) 7 Cr. App. R.(S). Page Last Updated: 24 Jun 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII