Whether large or small, any amount of money appropriated by fraud impacts all of society.
Madam Justice Donna Babb-Agard made this clear on Wednesday while sentencing Eileen Veronica Smith to complete 235 hours of community service for committing four counts of fraud and to pay $20 0000 in fines for two counts of theft, all in relation to her deceased aunt’s bank account, 15 years ago.
Smith, of Mapp Hill, St Michael and formerly of Horse Hill, St Joseph, admitted that with intent to defraud, she uttered to Butterfield Bank certain bills of exchange purporting to be First Caribbean cheques payable to herself for $60 000 on August 30, 2010, and for $25 000, $30 000 and $40 000 on September 3, 2010, knowing the same to be forged.
She also confessed to stealing $10 000 and $20 500 from Butterfield Bank Barbados Limited on September 2, 2010.
The court had heard that Smith made several deposits to her savings account at Butterfield Bank, drawn on the First Caribbean account of Augustina Gregor, her aunt.
“Crimes of a financial nature, like forgery and uttering forged documents, wreak havoc on our banking and financial system, so your part in these offences is not to be minimised because the court has decided not to give you a custodial sentence. It has serious effects on our economy, no matter how small the sum involved. It leads to increased regulations in this sector, which adversely affect the ease of doing business. Whether the amount appropriated through forgery is large or small, the systems are affected and impact on all of society,” Justice Babb-Agard explained.
Addressing the sentencing hearing in the No. 4A Supreme Court, the judge outlined the aggravating and mitigating factors of the offences and the offender.
“You obtained cash by fraudulent means, and you did that for financial gain and to support your flamboyant lifestyle, and you obtained in excess of $30 000, thankfully no more…There was planning in these offences, it was not spontaneous. You had deliberately taken up the cheque books of your dead relative as well as the fact that you went to the bank and then to another when you could not cash out the money you intended to,” the judge said, weighing these against Smith’s early guilty plea, cooperation with police, remorse, and previously clean record.
The judicial officer stated that while cases of this nature often attract a term of imprisonment, both the State, led by Principal State Counsel Olivia Davis, and Smith’s defence attorney, Rasheed Belgrave, had urged the court to consider a non-custodial sentence.
Saying the court did not consider her a threat to society, especially at her age of 71, and that there was no basis for imposing a term of imprisonment, Justice Babb-Agard told the convicted woman that she would still contribute to society.
Smith was ordered to complete the 235 hours at the Young Women’s Christian Association within a year in relation to the forgery offences. Meanwhile, she was fined $7 500 for the $10 000 theft, which is to be paid within six months, or she will serve three months in prison. For the theft of $20 500, Smith was fined $12 500 and given a year to complete the payment. Failure to do so will result in her spending the same period in prison.
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