Making a False Instrument
Date produced: January 2012
Title: Forgery
Offence: Forgery - Making a false instrument
Legislation: S1 Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years
Making an instrument which to Ds knowledge is false, with the intention of inducing someone to accept it as genuine and to some act to that other person's prejudice. Meaning of 'false' is given in section 9, it does not mean that it has to be forged, most simply it tells a lie about itself see Archbold 22-8.
It is an offence of double specific intent, requiring both an intention that the instrument should be used to induce someone else to accept it as genuine and an intention that by reason of accepting it as genuine that the other person will do some act to his own of another's prejudice.
Aggravating and Mitigating Factors
- Nature of instrument.
- High Gain - actual and intended.
- Defendant a professional or quasi-professional.
- Sophisticated Offending.
- Repeated Offending.
- Professional Hallmarks.
- Target Individuals rather than Institutions.
- Vulnerable victim.
Relevant Sentencing Council Guideline (if any)
SGC Guideline for Fraud especially if accompanied by Fraud offences
Relevant sentencing Guidelines (If any)
None
Relevant Sentencing Case Law
R. V. KERR [1998] 2 Cr.App.R.(S.) 316
Convicted of procuring the execution of a valuable security by deception. The defendant befriended and old lady asked her to sell her bungalow and when she refused to do so forged a deed of gift. Elements of breach of trust and deceiving the Land Registry. 3 years.
R. V SPILLMAN AND SPILLMAN [2001] 1 Cr.App.R.(S.) 139 (at 496)
One appellant was convicted and the other pleaded guilty to conspiracy to defraud. The defendants and impersonated the testator and forged a will with a view to obtaining £1.8 million. Mean, devious, carefully planned and carried out and was very nearly successful. 7 and 5 years.
R. V TINA ROBERTS [2011] EWCA Crim 1819
Appellant aged 31 and of previous good character, pleaded guilty and was sentenced for obtaining a pecuniary advantage by deception, obtaining a money transfer by deception, 9 offences of fraud, some of which related to forging documents. She was running a business which provided nutritional products and a range of treatments, including physiotherapy - she was not a qualified physiotherapist. She obtained loans, other banking facilities and also money from clients by making a series of misrepresentations; some of her claims were supported by the use of false documents and false business accounts. 6 years.
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 Archbold 22-38
Consider Also
SGC Guideline for Fraud offences and note also potential to charge FRAUD ACT 2006 offences
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