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Criminal law — fraud — using false educational certificate to obtain employment — prejudice when accused has worked satisfactorily
Criminal procedure (sentence) — appropriate sentence where accused has obtained job by using false educational certificate but has performed work satisfactorily
Where the accused is charged with fraud on the basis that he has used a false educational certificate to obtain employment but once employed he has apparently performed the work satisfactorily, it is a misdirection to find that the accused has defrauded the employer of the amount of salary he has received and that the employer has suffered prejudice to that extent.
In such a case a fine will usually be an appropriate sentence and there should be no condition imposed relating to the restitution of wages as the accused will have worked for his wages. In the present case the review court substituted a fine and a wholly suspended prison sentence for the effective sentence imprisonment imposed by the trial court.
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