R v Shaquille Morgan - Sentence Ruling

¶ ```html IN THE GRAND COURT OF THE CAYMAN ISLANDS CRIMINAL SIDE INDICTMENT NOs：0036/2014 THE QUEEN V SHAQUILLE MORGAN Appearances： Toyin Salako for the Crown Richard Barton for the Defendant Before： The Hon. Mr. Justice Charles Quin Submissions heard： 29th October 2014 SENTENCE RULING INTRODUCTION 1. On the 27th June 2014 the Defendant pleaded guilty to counts 2 and 3 on this 3-count Indictment. The Defendant pleaded guilty to Possession of a Forged Currency Note contrary to s.295(1) of the Penal Code (2013 Revision) - Count 2 on the Indictment. The particulars of this offence are that the Defendant on the 22nd October 2013 at St. Ignatius School，Walkers Road，George Town，Grand Cayman， with excuse had on a forged currency note，namely 50.00 note，series 0000000000000000000000000000000

¶ [2] On the same date, the Defendant also pleaded guilty to Making or Having in Possession Paper or Implements of Forgery contrary to s.303(c) of the Penal Code (2013 Revision) – Count 3 on the Indictment. The particulars of this offence are that the Defendant on the 21st October 2013 in Bodden Town Grand Cayman, without lawful excuse or authority made upon printing paper words, figures, letters or marks the print whereof resembled in whole or in part words, figures, letters or marks peculiar to use in or on the currency note of the Cayman Islands.

¶ [3] At approximately 13:15 hours on the Tuesday 22nd October 2013, the Defendant attended the reception at St Ignatius School and tendered a counterfeit $50 note in an attempt to obtain genuine currency in exchange.

¶ [4] At the time the Defendant was aged 17 and a pupil at St Ignatius School, Grand Cayman.

¶ [5] The counterfeit bill was handed to the school receptionist who was immediately suspicious as to whether the bill was genuine or not.

¶ [6] The Defendant was challenged about the bill. He responded by producing another $50 note which was in fact genuine currency. The genuine currency was accepted by the school for goods and he was provided with change. Sentence Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 2 of 16

¶ [7] Later that day the Defendant was summoned by the Head of the 6 th Form department. He was questioned about the production of the counterfeit note and responded with varying excuses. The matter was later referred to the Headmaster who in turn informed the Defendant that his parents should attend the school.

¶ [8] The Head Master obtained a copy of the genuine note handed to the school. Upon inspection it was noted that the counterfeit note had the same serial number as the genuine $50 note. The Defendant then admitted that he had made the counterfeit note himself.

¶ [9] The Defendant was suspended and the matter was reported to the police.

¶ [10] The Cayman Islands Monetary Authority (CIMA) confirmed that the counterfeit note was a copy.

¶ [11] On the 2 nd November 2013 the Defendant was interviewed by the police in the presence of his father and attorney and during the interview he gave the following account: (i) The Defendant accepted presenting the counterfeit note to the receptionist; (ii) He gave the receipt; (iii) When he saw his skills the counterfeit note; Page 3 of 16 Sentence Judgment. Ind. No. 36/2014, R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14
(iv) The Defendant said he initially lied about the counterfeit note because he was embarrassed; (v) The Defendant accepted knowingly being in possession of a counterfeit note; (vi) The Defendant stated that he did not intend to use the note and that he was going to destroy it; (vii) He accepted that he had produced the counterfeit note by using a copier and paper from home following several failed attempts; (viii) The Defendant was remorseful and wished he had not done it – adding that he wanted to be an accountant and that he has to be seen as honest; (ix) The Defendant described this incident as a lack of judgment and he said he felt like a complete idiot and apologized to the school and to his parents. Page 4 of 16
```markdown # DEFENCE SUBMISSIONS

¶ [12] On the 22 nd October 2013 the Defendant was found to be in possession of a forged CI$50 note. The Defendant was in his final year as a student at St. Ignatius Catholic School. During his interview with the police he admitted photocopying an authentic currency note from which he created the forged note. He further confessed to having the note in his possession on the subject date. He was subsequently charged by the police and committed to the Grand Court on Indictment.

¶ [13] Defence counsel submits that the Defendant is an 18-year old Caymanian student who, at the material time of the offence, was 17 years of age, with no previous convictions. He resides with his parents – both of whom are also Caymanian and both of whom are in Court today and have been on every other occasion. In July 2014 the Defendant graduated with honours from St. Ignatius Catholic School and has received conditional offers of acceptance from various universities in the US as well as in the United Kingdom for the pursuit of his tertiary studies.

¶ [14] Defence counsel states that throughout his five years at High School the Defendant obtained a Grade Point average “GPA” above 3 – receiving a remarkable 3.11 in his penultimate year of study. The Defendant has been a high-performing student and is described as being a successful student both academically and on the sports field. The Defendant has long held a passion for accounting and has consistently produced excellent work throughout this course – as described by his former teacher who stated that the Defendant is very dedicated. ```
```html 15. Counsel for the Defendant has stated that it is clear from the admissions made by the Defendant to the police that he had full knowledge that the note was forged having photocopied it himself and therefore he could offer no excuse, justifiable under the law, for being in possession of the forged note. 16. Counsel for the Defendant emphasised the fact that the Defendant was only 17 at the time of the offence and, throughout his years, has only been a student and has not left the school environment. Defence counsel asks the court to place Defendant's inappropriate behaviour in this context. 17. Defence counsel asks the Court, in the face of the Defendant's very young age, his previous good character and absence of antecedents, his immediate admission of guilt to the police and school staff, his early guilty plea, his clear remorse and the fact that only one forged note was found in his possession, not to record a conviction in this case. ```
```html 1 THE LAW 2 18. I am grateful to both counsel for their helpful review of the authorities. 3 19. In Rv. Anthony Frank Howard1 the then Lord Chief Justice, Lord Lane, stated: 4 5 6 7 8 “Where a Defendant is convicted of passing counterfeit notes, the issue of 9 10 11 12 13 which undermines the whole economy of the country, in nearly every case this 14 15 16 17 18 requires a custodial sentence to punish the wrongdoer and deter him from 19 20. committing the same sort of offence in the future and to act as a deterrent to 21. 22. others.” 23 24 25 Lord Lane stated, “The most important consideration in this sort of case is the quantity of counterfeit notes which are found in the Defendant's possession because that will demonstrate to some degree of accuracy at least the proximity to or the distance from the source of the notes which the Appellant's position occupied.” In Howard the Appellant was close to the source of the notes and when the police arrested the Appellant it was discovered that he had recently transferred 49 similar notes. Additionally, one recipient received no less than £3000.00 worth of counterfeit money for which he (the Appellant) paid £550.00. The Appellant received a 2-year prison sentence. In Rv. David Miller2 the English Court of Appeal reduced a 2-year sentence to one of 15 months. The Appellant in Miller had pleaded guilty to three counts of passing or tendering counterfeit currency notes and one count of having custody or control of coes. Although described as not the worst case of its type, Miller had tended 20 notes within a short period of time and three additional notes were found at his home. Miller was 27 years of age and, although 1(1986) 82 Cr.App.R. 262 2[2010] 2 Cr.App.R.(S.) 62 Sentence Judgment. Ind. No. 36/2014. Rv. Shaquille Morgan Coram：Quin J.Date：03.11.14 Page 7 of 16 ```
he had no previous convictions for counterfeit currency, he had previous convictions for other criminal offences. However, the English Court of Appeal reduced the sentence of 2 years' imprisonment to one of 15 months.

¶ [22] In the recent Cayman Islands case of *R v. Shannon Ebanks* 3 the Defendant was convicted by a jury in December 2013 of counterfeit currency offences. Ms. Ebanks was found guilty of Possession and Uttering a Forged $10.00 note at a bar in Bodden Town. She was also found guilty of possessing three coloured notes in the denomination of $25.00 and implements used to make forged documents. Police also found 38 black and white images of $25.00 notes. The Grand Court placed the Defendant on probation for two (2) years and ordered her to remain under house arrest for nine (9) months. 3 Indictment #112/2012 Sentence Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 8 of 16 3
ANALYSIS AND CONCLUSION

¶ [23] The Court acknowledges that the police have accepted that the copy of the CI$50.00 note made by Defendant Morgan is not a good copy. It was done on ordinary photocopying paper. There was only one note and there is no suggestion that there were any other notes in his possession or at any other time. This case is not as serious as either Howard or Miller and, furthermore, unlike Shannon Ebanks, the Defendant has pleaded guilty at the very first opportunity.

¶ [24] The Court notes that the Defendant wrote to the Headmaster of St. Ignatius Catholic School on the 5th November 2013 and stated: > "I can't explain why I did it or the reasons for doing it. I now know it was very stupid and I never imagined that it would lead to a police investigation. This lapse of judgment on my part has caused great pain, suffering, shame and embarrassment to my school, teachers and others that believed in me." The Defendant also wrote: > "I deeply apologise for the embarrassment I have brought to the School. I realise the seriousness of this offence and thank you for giving me the chance to complete my 'A' levels." Sentencing Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 9 of 16
The Court has also had the benefit of references from the Rev. Rohan O. Forrester of the Webster United Church and from Mrs. Ingrid Ebanks and from Mrs. Myra Dalphine Terry. These referees confirm that the Defendant is well respected, responsible, hardworking and well mannered. Most importantly, the Headmaster, Mr. Tom McGrath, in his letter of reference states: ``` "We believe that this one incident of foolish behaviour has been an important lesson for Shaquille and the school has been impressed by how Shaquille has dealt with this incident and how he has applied himself subsequently. Shaquille has a bright future ahead of him and we believe that the outcome of this court case will have a profound impact on his future career prospects. Shaquille has learned a very important and costly lesson and I appeal to you Honour to deal leniently with this case." ``` Finally, the Court has received considerable assistance from an in-depth Social Inquiry Report (SIR) from the Cayman Islands Department of Community Rehabilitation (DCR). It is clear that, not only has the Defendant no previous criminal convictions, but the Probation Officer confirms that he is a respectful and responsible young man who, based on representations to this Court, has always displayed a good attitude at school and in life in general. The Probation Officer reveals that the Defendant has shown genuine and deep remorse for this serious error of judgment. I note that, having performed several assessments and evaluations, the Officer states that the Defendant’s “very low risk of re-offending he appears to be a suitable candidate for a non-custodial sentence”. Sentence Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 10 of 16
SECTION 41(1) OF THE PENAL CODE – ANALYSIS

¶ [27] The Probation Officer states in her report: "Given Shaquille's very young age and the potential impact of a recorded criminal conviction, the Court may take into consideration not recording a conviction."

¶ [28] Mr. Barton urges the Court to adopt the Probation Officer's suggestion.

¶ [29] Prosecuting counsel confirms that the Crown does not oppose not recording a conviction.

¶ [30] Section 41(1) of the Penal Code reads:

¶ [41] (1) Where, in a trial, a court thinks that the charge is proved, but is of the opinion that, having regard to the character, antecedents, age, health or mental condition of the accused, or to the trivial nature of the offence or to the extenuating circumstances in which the offence was committed, it is inexpedient to inflict any punishment, the court may, without proceeding to conviction, make an order either: (a) discharging the accused absolutely; or (b) if the court thinks fit, discharging the accused subject to the condition that he commits no offence during such period not exceeding three years from the date of the order, as may be specified in the order."

¶ [31] Defence counsel's submissions in this regard are set out at paragraph 17 above.

¶ [32] I remind myself that the Court must view with extreme caution, and apply serious consideration to, any invitation made to the Court not to record a conviction. In so doing, I must examine the crimes this Defendant committed (i.e., making the copy and note) alongside the circumstances in which they were committed, and the requirements of the law, to determine whether this is an appropriate course of action for the Court to impose appropriate punishment. Sentence Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 11 of 16

¶ [33] On the statute books of the Cayman Islands offences in this category are considered serious. However, the amount of money, the sophistication of the process and the scale of the process are to be considerations for the Court in the Assessment of the Offence 4 - along with possible Aggravating and Mitigating Factors. In relation to Passing Counterfeit Currency the UK Sentencing Guidelines instruct that where the nature of the offence relates to a single counterfeit note or small number of coins, the sentencing range is a Community Order to 3 months custody. For Possessing Counterfeit Currency, where the nature of the offence relates to a single counterfeit note, the sentencing range is a fine to 3 months’ custody. I therefore consider the following: i. **The amount of money**: The amount of money in question is CI$50.00. It is my view that in a jurisdiction, such as the Cayman Islands, where there the cost of living is considered to be high, the goods or services which the Defendant could have gained from this amount cannot, in any way, be considered to be substantial. ii. **The scale of the process**: This amount was comprised of a single CI$50.00 note. This amount was not composed of a number of notes in smaller denominations – requiring the Defendant to have made copies of various notes of currency. Therefore, in my view, having photocopied a single note, the scale of the process is at an extremely low level. ``` 4 See UK Sentencing Guidelines on Counterfeit Offences: Passing Counterfeit Currency and Possessing Counterfeit currency. Pages 34 and 35 of the Magistrates Court Bench Book. Sentence Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 12 of 16 ```
The sophistication of the process: The evidence is that this was a crude and clumsy photocopy of a single note, done on unsuitable and ordinary photocopy paper, and reproduced in the Defendant's own home. In my view, the process lacked any evidence of sophistication, planning or effort. #### Aggravating Factors: According to the UK Guidelines the Court, in making its assessment of the offence, must also consider any possible aggravating factors, that is, to what extent was the offence committed for the purpose of financial gain and what was the level of professionalism. As I stated in 33 (i) (ii) and (iii) above, I view the levels of financial gain and professionalism to be negligible in the former case and non-existent in the latter. #### Mitigating Factors: According to the UK Guidelines the Court, in making its Assessment of the Offence, must also consider any possible mitigating factors, and one such consideration would be whether the note was acquired innocently. It is clear from the evidence that the Defendant made the single photocopy himself from his own money and, by his own confession, did not intend to use the photocopy he made. This is not a trivial offence, but, rather, a serious one. The court understands the seriousness of offences in this category in the context of the Cayman Islands which relies heavily on an efficiently run financial services industry. How given care to the above factors, havingful considers and all the circumstances of the case I can just to in of the appropriate avoid
```markdown (i) The Defendant's young age; (ii) The fact that he has no previous convictions; (iii) His early guilty plea; (iv) The Defendant's clear remorse; (v) The fact that the Defendant is assessed as being at a "very low" risk level for reoffending; (vi) The offers for a bright academic future that awaits the Defendant; (vii) The Defendant's strong family background for support in the future; (viii) My Assessment of the Offence in 32 (i) to (v) above;

¶ [36] This was clearly a serious error of judgment on the part of this Defendant. The fact that this Defendant is a bright and intelligent student make this offence all the more disappointing for his family, his school and for himself. However, the Defendant has acknowledged his culpability and demonstrated sincere remorse.

¶ [37] The Defendant can be grateful for the caring and eminently sensible approach taken by his Headmaster. In addition to the foregoing list of points in paragraph 35 above, I take into account the references provided on the Defendant's behalf and the probation report from the Probation Officer and Defence counsel submitted to this Court and supervised by the Officer in Firm Serviette. The Court will not record a conviction upon completion of 240 hours community service. ```
```html 1 38. I think it is important to set out the purpose and the effect of a Community Service 2 Order in this jurisdiction. The "Scheme of Arrangements for Community Service 3 by Offenders in the Cayman Islands" was a document prepared and gazetted in 4 June 2000 after consultation with the judiciary and others involved in the criminal 5 justice system of the Cayman Islands. This Scheme of Arrangements for 6 Community Service is clearly set out by Deborah Barker Roye at paragraph 9.11 in 7 her 3rd Edition of Criminal Litigation in the Cayman Islands. Ms. Barker-Roye 8 refers to the Scheme of Arrangements which sets out the aims of a Community 9 Service Order: 10 11 12 13 14 15 “The key concepts within Community Service by Offenders are, firstly, that it 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 77
```html 1 “42.(3) A court shall not make a community service order in respect of 2 a person convicted of an offence unless the court - 3 (a) has been notified by the Governor that arrangements exist 4 for work to be performed under such orders; 5 (b) is satisfied after considering a report by a probation 6 officer about such person and his circumstances and (if 7 the court thinks it necessary) hearing a probation officer, 8 that he is suitable person to perform work under such an 9 order; and 10 (c) is satisfied that provision can be made under the 11 arrangements referred to in paragraph (a) for him to 12 perform such work.” 13 14 41. 15 The Defendant must understand that, should he fail to comply with this Court Order 16 of Community Service, the Court has power under s.44(2) to impose a 17 CIS2，000.00 or may revoke the Order and impose, in substitution for the Order, any 18 other sentence which it may have imposed at the time of conviction. This 19 substituted penalty may include a fine or imprisonment or both. 20 21 22 Dated this the 3rd day of November 2014 23 24 25 28 26 27 29 30 31 Honourable Mr. Justice Charles Quin Q.C. 32 Judge of the Grand Court Sentence Judgment. Ind. No. 36/2014. R v. Shaquille Morgan Coram: Quin J. Date: 03.11.14 Page 16 of 16