Using a copy of a false instrument
Title: Forgery
Offence: Using a copy of a false instrument
Legislation: S4 Forgery and Counterfeiting Act 1981
Commencement Date:
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years
Sentencing Range:
Aggravating & 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 (If Any)
Breach of Trust
R v Barrick [1985] 7Cr.App.R.(S.) 142 as updated in R v Clark [1998] 2Cr.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 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.
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. 3.5 years.
Passports:
R v Singh [1999] 1 Cr App Rep (S) 490
The integrity of the passport system must be maintained and deterrent sentences [for use] are required. Save in exceptional circumstances custodial sentences should be imposed.
R v Cheema [2002] 2 Cr.App.R(S) 79 large scale courier 3 years.
R v Cakraj [2007] EWCA 366 Use Passports: 12 - 18 months on a plea.
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.
Attorney General's Reference Nos 57 and 58 of 2003 (Arash Dayadel and Ali Daryadel) [2004] 2 Cr.App.R.(S.) 34
Convicted of conspiring to defraud and fraudulent trading. The offenders established a company which dishonestly sold fake driving documents to asylum seekers. The fraud operated over a period of about 20 months and a sum of not less than £250,000 was obtained. Disqualified from being concerned in the management of a company for five years. 3 years and 21 months. Tariff 4 years and 2.5 years.
