A 21-year-old Barrackpore woman, who was fined $600 after admitting to making a false report that she had been kidnapped, has been reprimanded and discharged by the Court of Appeal.
Appellate Judges Mark Mohammed and Maria Wilson upheld Lisa Figaro’s appeal and resentenced her during a virtual hearing on Thursday.
According to evidence in the case, on January 31, 2020, Figaro’s sister went to the Barrackpore Police Station where she reported her sister missing.
A little over an hour later, Figaro went to the station and claimed that she had been abducted.
Figaro claimed that she was at a mall in Ste Madeleine when she was approached by an armed man who entered her car and demanded that she drive to a nearby hardware store.
She claimed that when they arrived, he ordered her to go inside and purchase tie straps and duct tape and she complied.
She also claimed that when she returned, he used the items to restrain her in the back seat. She claimed that he drove to a desolate location where he abandoned her and the car.
However, while being interrogated by police, Figaro admitted that she fabricated the story, as she had gone to lime with a friend and did not want her boyfriend and family to find out.
Figaro was charged with wasteful employment of police time and fined after pleading guilty during her first court appearance. The maximum penalty for the offence is a $1,000 fine and six months in prison.
Responding to the appeal, Assistant Director of Public Prosecutions (DPP) Nigel Pilgrim admitted that the magistrate who presided over Figaro’s claim did not follow legal precedents over sentencing first-time offenders with “bright prospects”.
He also admitted that the magistrate made prejudicial statements about similar but unconnected cases he had presided over in the past.
The appeal panel agreed with the position, as Mohammed ruled that the magistrate failed to consider that Figaro’s attorney presented evidence of her being a top student at her accounting school. He also criticised the magistrate for his comments.
In resentencing Figaro, the appeal panel ruled that a reprimand and discharge under Section 71 (1) of the Summary Courts Act was appropriate considering her remorse, clean criminal record and her age at the time of the offence.
Figaro was represented by Dane Halls.
