The Queen v Paul Russell Lankford & Sydney Shea Solomon
| Jurisdiction | Cayman Islands |
| Judge | Honourable Mr. Justice Charles Quin |
| Judgment Date | 14 February 2013 |
| Court | Grand Court (Cayman Islands) |
| Docket Number | INDICTMENT NO: 0059/2011 |
| Date | 14 February 2013 |
Honourable Mr. Justice Charles Quin
On the 21st September 2012 the Defendant, Paul Lankford, pleaded guilty to Counts 3, 6, and 9 of Indictment Number 59 of 2011.
Count 3 is the charge of Obtaining Property by Deception contrary to s.247 of the Penal Code (2007 Revision), in that Paul Lankford and Sydney Shea Solomon, on the 10th day of September 2010, in Grand Cayman, dishonestly obtained from Foster's Food Fair Limited a valuable security, to wit cheque #111778 for the sum of five thousand dollars ($5,000.) with the intention of permanently depriving Foster's Food Fair Limited thereof, by deception, namely by falsely representing that Punch N” Play card #152374 was for a winning value of five thousand dollars ($5,000.).
Count 6 is the charge of Theft contrary to sections 235 and 241 of the Penal Code (2007 Revision), in that, Paul Lankford, on the 25th day of August 2010, at Foster's Food Fair Supermarket, Countryside, Savannah, Grand Cayman, stole one hundred dollars ($100.00) the property of Foster's Food Fair Limited.
Count 9 is the charge of Attempting to Obtain Property by Deception, contrary to s.247 of the Penal Code (2007 Revision), in that, Paul Lankford, on the 25th day of August 2010, in Grand Cayman, dishonestly attempted to obtain from the Republix Branch of Foster's Food Fair Limited the sum of two thousand five hundred dollars ($2,500.), with the intention of permanently depriving Foster's Food Fair Limited thereof, by deception, namely by falsely representing that Punch N” Play card #119311 was for a winning value of two thousand five hundred dollars ($2,500.) instead of its actual winning value of one dollar ($1.00).
On this Indictment aNolle Prosequi, pursuant to s.11 of the Criminal Procedure Code (2011 Revision) was entered by the Crown in relation to the co-defendant Sydney Shea Solomon in open Court on the 19th October 2012, which was signed by the DPP on the 3rd October 2012, thereby discontinuing proceedings against Sydney Shea Solomon.
Foster's Food Fair provides a Punch N” Play card competition for 8 weeks during any given year. The cards are printed by a company named Scratchoff in Ohio, USA, with denominations from ten thousand dollars to one dollar. Needless to say there are many more cards at the low figures of one dollar, five dollars, and very limited cards at the high figures of ten thousand and five thousand dollars. The allocation is as follows:
| Amount $ | Number of cards | |
| $10,000 | 1 | |
| $5,000 | 2 | |
| $2,500 | 6 | |
| $1,000 | 8 | |
| $500 | 10 | |
| $100 | 175 | |
| $50 | 200 | |
| $20 | 1,000 | |
| $10 | 1,500 | |
| $5 | 3,000 | |
| $1 | 124,500 | |
| Totals | $260,000 | 130,402 |
Each Punch N” Play card is distinguished by a unique control number and a fixed denomination amount. This is documented on a spreadsheet — listing every card and its corresponding value — which is handed over to Foster's. This is done to verify the winning card redeemed and to protect the integrity of the programme.
During the period of the competition, as customers shop they are given a Punch N” Play scratch card, which conceals prizes ranging from one dollar to ten thousand dollars. Each card contains two hundred and ninety dollars worth of punch opportunities. As customers spend they are able to redeem punches on their cards which are equivalent to the total value of their purchases. Once the card has beenfilled, the supervisor or manager must scratch the card for the card to be valid. If a customer or staff member other than a supervisor or manager punches the card, the card is deemed invalid and not eligible for any pay out.
Prizes from one thousand dollars and upwards are paid out by cheques, while prizes of lesser amounts are paid out in cash at the time of the card's redemption.
Photographs of all the prize winners are taken and then posted to validate claims that prizes were redeemed.
On Wednesday the 25th August 2010 the Defendant redeemed a Punch N” Play card in the amount of one hundred dollars ($100) at Foster's Countryside branch. This amount was paid to the Defendant in cash at the time the card was redeemed. His photograph was taken and placed on the winners” board in the stores, and it was later found that this card had been tampered with.
Again on Wednesday the 25th August 2010 the Defendant went to Foster's Republix store in West Bay and attempted to redeem a Punch N” Play card with control number #119311 in the amount of two thousand five hundred dollars ($2,500.). This amount was not paid out to him because the card had appeared to be tampered with and was voided. It was discovered that the original denomination on the card was one dollar ($1.00), which had been altered to two thousand five hundred dollars ($2,500.).
On Friday the 10th September 2010 the Defendant's girlfriend and former co-Defendant, Sydney Solomon, redeemed a Punch N” Play card with control number #152374 in the amount of five thousand dollars ($5,000.) at Foster's Food Fair in East End. This was paid in the form of Foster's Food Fair cheque # 11778 dated the 10th September 2010 in the amount of...
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