INTRODUCTION AND BRIEF DESCRIPTION
This section makes it a criminal offence to obtain transportation through false pretences or fraud.
SECTION WORDING
393(3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 393(3) of the Criminal Code of Canada deals with the offence of fraudulently obtaining transportation. This section states that a person who dishonestly obtains transportation by making false representations or by using fraudulent means will be guilty of an offence punishable on summary conviction. The provision covers a wide range of situations where a person obtains transportation by deceitful means, such as using a fake ticket, misrepresenting themselves as someone else, or providing false identification. The transportation in question can be by land, water or air, making this provision applicable to various modes of transportation. The term false pretence" means the use of a false statement or representation to induce someone to do or not do something. Fraud means any deception that is intended to result in gain for oneself or to cause a loss to another person. Therefore, Section 393(3) aims to deter people from exploiting transportation providers by using deceitful means to obtain transportation. It should be noted that the prosecution does not need to prove that the accused acted with an intention to steal or obtain transportation without payment. As long as the accused used fraudulent means and obtained transportation, they can be found guilty under Section 393(3). The penalty for this offence is a fine, imprisonment for a term not exceeding two years, or both. In conclusion, Section 393(3) of the Criminal Code of Canada aims to protect transportation providers from fraudulent acts and to promote honesty and integrity in transportation transactions. Anyone who engages in fraudulent conduct to obtain transportation risks criminal charges and penalties under this provision.
COMMENTARY
Section 393(3) of the Criminal Code of Canada is a provision that criminalizes the act of obtaining transportation by land, water or air through false pretence or fraud. The section is aimed at protecting transportation services providers from financial losses resulting from fraudulent activities perpetrated by passengers. The objectives of section 393(3) are to deter individuals from committing fraudulent activities targeted at transportation providers and to provide a legal framework for the prosecution of such offenders. The section covers a broad range of fraudulent activities, including but not limited to, boarding a transportation vehicle or vessel with no intention of paying for the service, using a fake or stolen identity to obtain transportation services, providing false information in the booking process, and false claims of illness or emergency to obtain preferential treatment or free transportation. The provision applies to all modes of transportation, including taxis, buses, trains, airplanes, water vessels, and any other means of transportation by land, water or air. The offence under section 393(3) is punishable by summary conviction, which is the least severe criminal offence in Canada. If convicted of an offence under this section, an individual may face a fine, imprisonment of up to two years, or both. However, the punishment for this offence may vary depending on the circumstances of the case and the severity of the fraudulent activity. Section 393(3) is essential in enabling transportation service providers to protect their revenue stream from fraudulent practices. Such practices can amount to significant losses for transportation companies and can have far-reaching implications for the economy as a whole. When individuals defraud transportation providers, they reduce the resources available for investment and development of the transportation system, which can have a negative impact on the overall economy. Section 393(3) is also important in preventing criminal activities that can endanger public safety and security. For example, individuals who obtain transportation services under false pretenses or fraud can use the service to facilitate other criminal activities, such as smuggling, terrorism, or human trafficking. By criminalizing fraudulent activities, section 393(3) helps to deter such criminal activities and contributes to maintaining law and order in the transportation sector. In conclusion, section 393(3) of the Criminal Code of Canada is a necessary provision in protecting transportation service providers from fraudulent practices. The section is essential in maintaining the integrity of the transportation system and preventing criminal activities that can endanger public safety and security. Individuals who commit fraudulent activities targeted at transportation providers should be prosecuted to the full extent of the law to deter other potential offenders and to ensure that justice is served.
STRATEGY
The Criminal Code of Canada section 393(3) makes it an offence for any individual to unlawfully obtain transportation by land, water or air through fraud or false pretence. This offence may seem minor, but it can cause significant harm to the transportation company, impacting their financial situation and reputation. Additionally, the consequences of a conviction under this offence can be significant. When dealing with this offence, several strategic considerations should be taken into account. The first consideration is the nature of the false pretence or fraud used to obtain the transportation. The prosecution must prove beyond a reasonable doubt that the accused used a false pretence or fraud to obtain transportation. Therefore, if it can be demonstrated that there was no dishonest intention on the part of the accused, it may be possible to argue that there was no offence committed. Another strategic consideration is whether a plea bargain should be pursued. In some cases, it may be beneficial to enter into negotiations with the prosecution to reach an agreement on the charges. This can result in a reduced sentence or a lesser offence being charged, which can be beneficial to the accused. It is also important to consider the evidence used in the case. The prosecution must prove their case beyond a reasonable doubt, so it is important to scrutinize the evidence closely to identify any weaknesses or inconsistencies. For example, the evidence may be circumstantial, and there may be alternate explanations for the accused's actions that are not fraudulent in nature. Another strategy that can be employed is to argue that the transportation was obtained under duress. If the accused can demonstrate that they were under duress, and that they had no other choice but to use false pretence or fraud to obtain transportation, this can be used as a defence. Finally, it is essential to hire experienced legal counsel to assist with this offence. Criminal defence lawyers have experience navigating the criminal system and can effectively argue on behalf of their clients. They have an in-depth understanding of the legal system and can identify legal loopholes and strategies to mitigate the charges. In conclusion, strategic considerations play an essential role when dealing with the Criminal Code of Canada section 393(3). Several strategies can be employed, including scrutinizing the evidence, focusing on possible defences, pursuing plea bargains and hiring experienced legal counsel. By considering these factors carefully, it is possible to achieve the best possible outcome for the accused.