Custody or control of equipment with intent
Date Produced: January 2012
Title: Forgery
Offence: Custody or control of equipment with intent
Legislation: S5(3) Forgery and Counterfeiting Act 1981
Commencement Date:
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years
Having custody or control of machines, implements, paper or other material which to Ds knowledge is or has been designed or adapted for making a false instrument, with the intention that D or another shall make a false instrument with it and that he or another shall use the false instrument to induce someone to accept it as genuine. It is an offence of double specific intent which carries a significantly higher maximum sentence than the alternative simple offence under s 5(4) which has a 2 year maximum.
Aggravating and Mitigating Factors
- Nature of the equipment
- Its intended or prior use
- The value of the gain, actual and intended
- Sophisticated nature of the offending if indicated
- Repeat offending
Relevant Sentencing Council Guideline (if any)
None
Relevant sentencing Guidelines (If any)
None
Relevant Sentencing Case Law
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. Max on conspiracy to defraud is same as this offence, 10 years.
R v HARLTEY, BROOKE and MITCHELL [2011] EWCA Crim 1957
All pleaded guilty - over a few months one of the rooms in the house was converted into a factory to produce counterfeit currency, using equipment to print currency. In all Mitchell spent nearly £4,000 in purchasing the equipment used including printing foil and printing plates. Police found on raiding the premises that they were making fake £20 notes, of high quality. Total value of notes £318K. 4 and half years and 3 and half years after reduction on appeal, with allowance for totality on sentences which were 10y 8m and 8y 8m.
Ancillary Orders
- Compensation
- Confiscation
- POCA
- Forfeiture orders - of any item shown to relate to the offence - to be destroyed or dealt with in any manner the court thinks fit, s 7(3) F +C Act 1981.
Consider Also
- SGC Guideline for s 6 FRAUD ACT 2006 - limited guidance as max is only 5 yrs
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