Forgery
Title: Forgery
Offence: Forgery
Legislation: S1 Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations and Maximum Penalty: 10 years
Aggravating and Mitigating Factors
- 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 Guidelines
Breach of Trust
R v Barrick [1985] 7 Cr.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 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 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 Ammen 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.
R. V Khelifi [2006] 2 Cr.App.R.(S.)
The defendant pleaded guilty to conspiracy to defraud. The defendant and a number of other persons opened 80 bank accounts using false documents. The accounts were operated for a period of time so as to build up a stock of unused cheques books which were then used. £800K loss. The defendant admitted being involved in 4 accounts resulting in £115K loss and to being "at the second level of management". Serious metal health problems. 3 and a half years.
Ancillary Orders
- Compensation
- Forfeiture and Destruction S7(3) Forgery and Couterfeiting Act 1981
Links
Offence ARCHBOLD 22-5
Penalties ARCHBOLD 22-37
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