Making or supplying articles for use in a fraud
Date Produced: 23 October 2009
Title: Theft
Offence: Making or supplying articles for use in a fraud
Legislation: S7 Fraud Act 2006
Commencement Date: 15/1/07
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years imprisonment
Sentencing Range: New offence - likely to be variable
Aggravating & Mitigating Factors
- The amount involved
- The use to which money was put (spending on luxuries more venal than on necessities)
- Breach of position trust, such as by employee, director or trustee
- Elderly or vulnerable victim
- Extent of Loss - Intended and Actual
- Extent of Gain - Intended and Actual
- The period over which and the persistence with which the fraud was carried out
- Guilty Plea
- Voluntary repayments
- Personal factors such as illness, disability, family difficulties, etc
Relevant Sentencing Guidelines (If Any)
Sentencing Guidelines Council Definitive Guidelines on Fraud
Convicted on or after 26 October 2009
Article for use in an extensive and skilfully planned fraud
S7 Making/Supplying - Start: 4 years, range: 2-7 years
S6 Possession - Start 36 weeks, range 6 weeks - 2 years
Article for use in a less extensive and less skillfully planned fraud
S7 Making/Supplying - Start: 26 weeks, range: CO (High) - 2 years
S6 Possession - Start: CO (Med), range: CO (Low) - 26 weeks
Additional Aggravating Factors
- Number involved in the offence and role of the offender
- Offending carried out over a significant period of time
- Use of another person's identity
- Offence has a lasting effect on the victim
Additional Migigating Factors
- Peripheral involvement
Relevant Sentencing Case Law
Refer to cases listed under forgery and obtaining elsewhere in the Sentencing Manual.
R v Crick [1981] 3 Cr App Rep (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 forgery of currency. $6 million. 3 to 7 years.
R v Ameen Din and Others [2005] 2 Cr App Rep (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.
R v Fabio De Oliveira [2005] EWCA Crim 3187. Simple possession of a passport. Guilty plea 8 months. The guidelines in Kolawole apply to offences of a passport with intent (S3(1) and S5(1) FCA 1981)accept and not to simple possession (S5(2) FCA 1981.)
R v Lindiwe Mutede [2005] EWCA Crim 3208
The defendant, who had a genuine passport, pleaded guilty to obtaining the false immigration letters and false national insurance card to enable her to work in the United Kingdom. The guideline case of Kolawole was primarily concerned with cases falling within the Forgery and Counterfeiting Act 1981, where false passports were used. In the Court's view it was necessary to distinguish between using a false passport to obtain entry into the country, or to remain, and using false immigration letters to obtain work. 6 months.
Ancillary Orders
i) Compensation Orders: (5-411)
ii) Deprivation Orders: (5-439)
iii) Disqualification from acting as a Company Director: (5-851)
iv) Financial Reporting Orders: (5-886c)
Consider Also: Confiscation
