JUDGMENTBY: WILLAN, CJ

WILLAN, CJ In this case the first appellant was convicted of forging a valuable security, to wit an agreement for the sale of land, an offence contrary to section 467 of the Penal Code. The second appellant was convicted of abetment, an offence contrary to sections 109 and 467 of the Penal Code.

An offence against section 467 is punishable with penal servitude for life, or with imprisonment of either description which may extend to ten years, and the offender is also liable to a fine. The punishment for abetment of an offence is the same as that prescribed for the offence abetted.

The learned trial Judge sentenced each of the appellants to three years rigorous imprisonment, and in his grounds of judgment stated that he did so following the principles for the punishment of first offenders laid down in the case of Chua Boon Hean v Regina (1888) 1 SLJ 64. In that case, which was an appeal against sentence imposed by a Magistrate, the Supreme Court of the Straits Settlements stated that the sentence for a first offender should in general be one-third of the maximum sentence prescribed.

In the case before us both the appellants are first offenders, and they appealed against their convictions and sentences. Their appeals were dismissed and the sentences maintained. In dismissing this appeal we wish it to be known that we do not agree with the principle stated in the case of Chua Boon Hean v. Regina ( supra) in assessing the sentences of first offenders.

In our view no sentence can be assessed by a simple mathematical formula. Many factors must be taken into account according to the circumstances of each individual case. In that respect we would draw attention to the matters which should be taken into account in fixing punishments as set out in Halsburys Laws of England ( Hailsham Edition) volume 9, para 365:--

The Court, in fixing the punishment for any particular crime, will take

into consideration the nature of the offence, the circumstances in

which it was committed, the degree of deliberation shown by the

offender, the provocation which he has received, if the crime is one of

violence, the antecedents of the prisoner up to the time of sentence,

his age and character.

Appeal Dismissed.

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