Custody or control of a false instrument with intent
Title: Forgery
Offence: Custody or control of a false instrument with intent
Legislation: S5(3) Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years
Aggravating & Mitigating Factors
- Nature of equipment
- Intended Use
- Gain - actual and intended
- Defendant a professional or quasi-professional
- Sophisticated Offending
- Repeated Offending
- Professional Hallmarks
Relevant Sentencing Guidelines
None
Relevant Sentencing Case Law
None but note:
R v Crick [1981] 3 Cr.App.R. (S) 275
The defendant pleaded guilty to possessing a press and making 150 poor quality coins for use in slot machines. "At one extreme is the professional forger with carefully prepared plates and elaborate machinery who manufactures large quantities of bank notes and puts them into circulation. A long sentence of imprisonment is appropriate in such cases. At the other end is this case." 9 months.
R v Dossetter [1999] 2 Cr App Rep (S) 248
Large scale production. $6 million. 3 to 7 years.
R v Ameen Din and Others [2005] 2 Cr.App.R.(S.) 40
Pleaded guilty to conspiracy to defraud. Over a period of more than two years, the defendant and others conspired to defraud banks and other financial institutions by making and using cloned and skimmed credit and debit cards in each others premises. £250K obtained and attempted to obtain a further £250K. 21 months to 4 years.
Ancillary Orders
- Forfeiture and Destruction S7 (3) Forgery and Couterfeiting Act 1981
- Compensation
Links
Offence ARCHBOLD 22-31,
Penalties ARCHBOLD 22-37
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