Copying a False Instrument

Title: Forgery
Offence: Copying a false instrument
Legislation: S2 Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years

Aggravating & Mitigating Factors

• Nature of instrument
• Target Individuals rather than Institutions
• Vulnerable victim
• Defendant a professional or quasi-professional
• Breach of Trust
• High Gain - actual and intended
• Sophisticated Offending
• Professional Hallmarks

Relevant Sentencing Guidelines

None but note:

Breach of Trust
R v Barrick [1985] 7Cr.App.R.(S.) 142 as updated in R v Clark [1998] 2 Cr.App.R.(S.) 95

• Less than £17,500 - up to 21 months
• £17,500 to £100,000 - 2-3 years
• £100,000 to £250,000 - 3-4 years
• £250,000 to £1 million - 5-9 years
• £1 million or more - 10 years +

Relevant Sentencing Case Law

R v Mangham [1998] 2 Cr.App.R.(S.) 344
Pleaded guilty to using a false instrument with intent, and obtaining a money transfer by deception. The defendant was employed as a carer by a nursing agency. The defendant had charge of a lady aged 95. She obtained possession of her pass book and forged her signature on two occasions so as to obtain £5,000. 18 months.

R v Torknoiak [2005] 1 Cr.App.R.(S.) 27
Convicted of 15 counts of theft, two counts of obtaining a money transfer by deception, one count of false accounting, two counts of obtaining property by deception, one count of forgery, and one count of perjury. The defendant was in practice as a solicitor and obtained £300K from clients acounts. Considerable damage to the public confidence in the legal system 8 years.

Ancillary Orders

• Compensation
• Forfeiture and Destruction S7(3) Forgery and Counterfeiting Act 1981

Consider Also

• POCA

Links

Offence ARCHBOLD 22-25
Penalties ARCHBOLD 22-37

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