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under the Theft Ordinance such as obtaining property by
deception are generally in the region of 10 years'
imprisonment.
But because conspiracies to defraud often
involve the commission of several such fraudulent offences,
a higher penalty is considered appropriate.
Indeed,
in a recent case of conspiracy to defraud which involved
in excess of $30 million, the maximum penalty was imposed
and the judge criticised the fact that the power of the
Courts was limited to a seven year term of imprisonment.
4.
The Bar Association and the Law Society have
been consulted and have not objected to the proposal to
increase the maximum penalty.
However, concern has been
expressed by some members of the Bar that this proposal
might encourage the greater use of this offence by prosecutors
with the consequent risk that conspirators may receive
higher sentences than they deserve.
5.
I can assure Honourable Members that the prosecutors
will continue to advise that the most appropriate offences
should be charged. Anyhow, the Courts should in every case
impose the sentence which they think to be appropriate
to the particular circumstances, subject only to the maximum.
I see here no argument for preserving what appears to be
an inadequate sentencing power for what can be a very
serious offence. I would commend the proposal to
this
J